Deepak Sood & ANR v. State Of NCT Delhi & ANR
$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + DEEPAK SOOD & ANR ..... Petitioner Represented by:
Mr. Jitender Singh, Mr. RAhul K. Singh, Ms. Kamla Prasad, Advs.
versus STATE OF NCT DELHI & ANR ..... Respondent Represented by:
Mr. Sanjay Lao, ASC with SI Mehrab Alam PS Nabi Karim.
Mr. Naveen Pushkarna, Adv.
for R-2 with R-2 in person.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
O R D E R
% 08.03.2018 By the present petition the petitioners seek quashing of FIR No. 298/2013 under Sections 498A/406/506/34 IPC registered at PS Nabi Karim, 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 from Investigating Officer submits that in the above noted FIR the two petitioners are the only accused, since the third accused that is the mother of the petitioner has passed away and respondent No.2 the only complainant/ victim.
Respondent No. 2 is present in Court and is identified by the learned counsel and the Investigating Officer. She states that she has settled the matter with the petitioners at the Counselling Cell, Family Courts, Tis Hazari Courts. Pursuant to 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., respondent No.2 is to receive a sum of ₹13 lakhs which amount she has already received. She has now no claim whatsoever remaining against the petitioners and does not wish to pursue the above-noted 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 undertake to abide by the terms of settlement.
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. 298/2013 under Sections 498A/406/506/34 IPC registered at PS Nabi Karim, 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.
MARCH 08, 2018 'ga'