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High Court of DelhiCRL.M.C./4601/2016

Javed & ORS. v. The State Govt. Of NCT Of Delhi & ANR.

2016-12-09Hon'Ble Ms. Justice Mukta Gupta2 pages

36# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4601/2016 JAVED & ORS.

..... Petitioners Represented by:

Mr. Kamal Jindal, Advocate with petitioners in person.

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

Ms. Meenakshi Chahan, APP for the State with SI Nitin Nawani, PS Hauz Qazi.

Respondent No. 2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 09.12.2016 By the present petition the petitioners seek quashing of FIR No. 163/2014 under Sections 406/498A/34 IPC registered at PS Hauz Qazi, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Issue notice. Learned APP accepts notice on behalf of the State. Learned APP for the State on instructions from the Investigating Officer submits that in the above noted FIR the four petitioners are the only accused and the respondent No. 2 is the only complainant/victim. The complainant/Respondent No. 2 Ms. Fauzia, who is present in Court and is identified by the Investigating Officer states that she has settled the matter with the petitioners and is living happily and peacefully in her matrimonial home along with her husband and in-laws and has no cause of CRL.M.C. 4601/2016

grievance. She states that in view of the settlement arrived at between the parties she 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 give no cause of grievance to the respondent No.2 in future and pray that the above noted FIR be quashed.

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. 163/2014 under Sections 406/498A/34 IPC registered at PS Hauz Qazi, 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 and the application are disposed of. Order dasti. MUKTA GUPTA, J.

DECEMBER 09, 2016/'vn'

CRL.M.C. 4601/2016