Punit Girdhar & ORS v. State (Govt Of NCT Of Delhi) & ANR

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + PUNIT GIRDHAR & ORS ..... Petitioner Represented by:

Mr. Rajender Kumar, Adv.

versus STATE (GOVT OF NCT OF DELHI) & ANR ..... Respondent Represented by:

Ms. Aashaa Tiwari, APP with WSI Pratibha PS Prasad Nagar.

Mr. Gurbachan Singh, Adv. for R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 26.04.2017 Crl.M.A. 6469/2017 Delay of 47 days in filing the amended memo of parties is condoned. Amended memo of parties is taken on record.

Application is disposed of.

By the present petition the petitioners seek quashing of FIR No. 214/2014 under Sections 498A/406/34 IPC registered at PS Prasad Nagar, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned APP for the State on instructions from Investigating Officer submits that as mentioned in the amended memo of parties the seven petitioners are the only accused and respondent No.2 the only complainant/

victim in the above-noted FIR.

Respondent No. 2 is present in Court and is identified by the learned counsel and the Investigating Officer. She states that she has settled the matter with the petitioners vide the settlement arrived at in complaint case No.195/6/13 on 22nd May, 2015. Divorce by mutual consent has been granted between the petitioner No.1 and respondent No.2. In lieu of all her claims of maintenance, istridhan, alimony, etc., respondent No.2 has already received a sum of ₹7 lakhs and she has now no claim whatsoever remaining against the petitioners. She states that she has already handed-over the vacant peaceful possession of a portion of the ground floor of the property bearing No. 11838/7 Sat Nagar, Karol Bagh which was in her possession. She states that she would abide by the terms of settlement arrived at between the parties and does not wish to pursue the above-noted FIR and the proceedings pursuant thereto.

The petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and undertake to abide by the terms of settlement arrived at between the parties on 22nd May, 2015 copy whereof is annexed at pages 65 to 67 of the paper book. In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, rather the same would create further acrimony between them, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.

Consequently, FIR No. 214/2014 under Sections 498A/406/34 IPC registered at PS Prasad Nagar, Delhi and proceedings pursuant thereto are hereby quashed.

Parties have signed this order sheet in acknowledgment of their statements made before this Court.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

APRIL 26, 2017 'ga'