Amit Kumar & ORS. v. The State (N.C.T. Of Delhi) And Another

55# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + AMIT KUMAR & ORS.

..... Petitioners Represented by:

Mr. Ashok Singh and Mr. Rakesh Kumar, Advocates with petitioners in person.

versus THE STATE (N.C.T. OF DELHI) AND ANOTHER..... Respondents Represented by:

Mr. Sanjay Lao, Additional Standing Counsel for State with SI Anil Kumar, PS Dwarka South.

Mr. Amir Yadav, Advocate for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 01.10.2018 By the present petition, petitioners seek quashing of FIR No. 289/2016 under Sections 498A/406/34 IPC registered at PS Dwarka South, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned Additional Standing Counsel for the State on instructions submits that in the above noted FIR the three petitioners are the only accused and the respondent No.2 is the only complainant/ victim. Respondent No. 2 who is present in Court and is identified by the learned counsel and Investigating Officer states that she has settled the

matter with the Petitioners vide Memorandum of Understanding dated 5th June, 2018, copy whereof is at pages 64 to 65 of the paper book. In terms of the settlement marriage between the Petitioner No.1 and Respondent No.2/complainant has been dissolved by a decree of divorce by mutual consent. As full and final settlement of all the claims, that is, maintenance, streedhan and alimony etc. of the Respondent No. 2, the Petitioner No.1 has to pay a sum of ₹11 lakhs to respondent No.2 out of which she has already received a sum of ₹6 lakhs and the balance amount of ₹5 lakhs has been received by her today in Court vide Demand Draft No. 506256 dated 31st August, 2018 drawn on ICICI Bank, Connaught Place, New Delhi. She further states that she has no claim whatsoever remaining against the petitioners. In terms of the settlement she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto and she will abide by the terms of settlement.

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. 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. 289/2016 under Sections 498A/406/34 IPC registered at PS Dwarka South, 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.

OCTOBER 01, 2018 'vn'