Kuldeep Lohchab & ANR. v. The State (NCT Of Delhi) & ANR.

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + KULDEEP LOHCHAB & ANR.

..... Petitioner Represented by:

Mr. Rambir Singh, Adv.

versus THE STATE (NCT OF DELHI) & ANR.

..... Respondent Represented by:

Ms. Meenakshi Chauhan, APP with ASI Amar Singh PS Hari Nagar.

Mr. Rajesh Khaware, Adv. for R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 18.11.2016 By the present petition the petitioners seek quashing of FIR No. 169/2006 under Sections 498A/406/34 IPC registered at PS Hari Nagar, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that parties have settled the matter. Learned APP for the State on instructions from Investigating Officer submits that in the above-noted FIR the five petitioners are the only accused and respondent No.2 the only complainant/ victim.

Respondent No. 2 is present in Court and is identified by the learned counsel. She states that she has settled the matter with the petitioners vide compromise deed dated 17th July, 2015 copy whereof has been placed as Annexure 'C' to the petition at pages 54 to 56. She states that in terms of the settlement 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., the respondent No.2 has received a sum of ₹1 lakh and she has now no claim whatsoever of any kind remaining against the petitioners. She states that she does not wish to pursue the abovementioned 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 state that they will abide by the terms of the compromise deed dated 17th July, 2015. 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. 169/2006 under Sections 498A/406/34 IPC registered at PS Hari Nagar, 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.

NOVEMBER 18, 2016 'ga'