Sunil Sharma & ORS v. State, Govt Of NCT Of Delhi & ANR

69# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + SUNIL SHARMA & ORS ..... Petitioners Represented by:

Mr. D.K. Pandey, Advocate with petitioners in person.

versus STATE, GOVT OF NCT OF DELHI & ANR ..... Respondents Represented by:

Mr. A.K. Garg, APP for the State with SI Mohinder Kumar, PS Sultan Puri.

Mr. B.C. Pant, Advocate for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 16.12.2016 Crl. M.A. No. 19445/2016 (Exemption) Allowed, subject to all just exceptions.

By the present petition the petitioners seek quashing of FIR No. 589/2013 under Sections 406/498A/34 IPC registered at PS Sultanpuri, 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 the Investigating Officer submits that in the above noted FIR the three petitioners are the only accused and the respondent No. 2 is the only complainant/victim.

The complainant/Respondent No. 2 Ms. Santosh, who is present in Court and is identified by the learned counsel and the Investigating Officer states that she has settled the matter with the petitioners before the Delhi Mediation Centre, Rohini District Courts on 19th December, 2015 whereafter both petitioner No.1 and the respondent No.2 are living together separately in a rented accommodation with their two minor children. She states that she has now no cause of grievance and does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. 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 settlement arrived at between the parties before the Mediation Centre, Rohini Court on 19th December, 2015 and will give no cause of grievance to the respondent No.2.

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. 589/2013 under Sections 406/498A/34 IPC registered at PS Sultanpuri, 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.

DECEMBER 16, 2016 'vn'