Narender v. The State & ANR ( Govt Of NCT Of Delhi )

28# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + NARENDER ..... Petitioner Represented by:

Mr. Shamindra Kadian, Advocate with petitioners in person.

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

Mr. Avi Singh, Additional Standing Counsel for State and Ms. Purnima Malik, Advocate with ASI Jitender Singh, PS Kanjhawala.

Respondent No. 2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 09.01.2018 By the present petition the petitioners seek quashing of FIR No. 211/2016 under Sections 498A/406/34 IPC registered at PS Kanjhawala, 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 appearing on behalf of learned Additional Standing Counsel for the State on instructions from Investigating Officer submits that in the above-noted the five petitioners impleaded by amended memo of parties are the only accused and the respondent No.2 is the only complainant/ victim.

Respondent No. 2 who is present in Court and is identified by the Investigating Officer states that she has settled the matter with the Petitioners vide Memorandum of Mutual Agreement dated 2nd May, 2017. In terms of the settlement marriage between the Petitioner No.1 and Respondent No.2/complainant has been dissolved by a decree of divorce by mutual consent. As full and final settlement of all the claims, that is, maintenance, streedhan and alimony etc. of the Respondent No. 2, the Petitioner No.1 has paid a sum of ₹5.50 lakhs to respondent No.2 and now she has no claim whatsoever remaining against the petitioners. In terms of the settlement she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. She also states that she will abide by the terms of settlement.

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 Memorandum of Mutual Agreement dated 2nd May, 2017 at between the parties.

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. 211/2016 under Sections 498A/406/34 IPC registered at PS Kanjhawala, Delhi and proceedings pursuant thereto are

hereby quashed against all the accused.

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

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

JANUARY 09, 2018 'vn'