Sudarshan Kumar & ORS. v. State & ANR.

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 309/2017 SUDARSHAN KUMAR & ORS.

..... Petitioner Represented by:

Mr. Shashi Shankar, Adv. with P-1 and 3.

versus STATE & ANR.

..... Respondent Represented by:

Ms. Rajni Gupta, APP with SI Gajender Singh, PS CWC Nanakpura.

Mr. Rakesh Wadhwa, Adv. for R-2 with R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 20.02.2017 By the present petition, the petitioners seek quashing of FIR No.156/2012 under Sections 498A/406/34 IPC registered at PS CWC, Nanakpura on the complaint of respondent No.2 and the proceedings pursuant thereto as the parties have settled the matter. Learned APP for the State on instructions submits that in the above noted FIR, the four petitioners are the only accused and one more accused Satyajeet Kumar who has been placed in column No.12 has not been summoned by the learned Trial Court. Respondent No.2 is the only complainant/victim in the above noted FIR.

Respondent No.2 who is present in Court and identified by learned counsel and the investigating officer submits that she has settled the matter with the petitioners and has been living separately with petitioner No.1 and

minor child aged 81⁄2 years. She states that she has now no cause of grievance and does not wish to pursue the above noted FIR and the proceedings pursuant thereto. Petitioner Nos.1 and 3 are present in Court and affirm the statement of respondent No.2 and state that no cause of grievance will be given to respondent No.2. Petitioner No.2 is suffering from cancer, thus not able to appear before the Court today. Petitioner No.4 who is the husband of respondent No.3 presently working in the army and pursuing his examination is also unable to be present today. Petitioner Nos. 2 and 4 are exempted from appearing before this Court. 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.156/2012 under Sections 498A/406/34 IPC registered at PS CWC, Nanakpura, Delhi and proceedings pursuant thereto are hereby quashed.

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

The petition is disposed of. Order dasti.

MUKTA GUPTA, J.

FEBRUARY 20, 2017 'v mittal'