Sanjay Tayal & ORS v. State Of Govt Of NCT Delhi & ORS

$~76 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4674/2016 SANJAY TAYAL & ORS ..... Petitioner Represented by:

Mr. Parmil Kumar, Adv. with petitioners.

versus STATE OF GOVT OF NCT DELHI & ORS ..... Respondent Represented by:

Mr. Ravi Nayak, APP with SI Dinesh, PS Seelampur.

Mr. Hira Singh Rawat, Adv. for R-2 with R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 16.12.2016 Crl.M.A. 19488/2016 Exemption allowed, subject to all just exceptions. Crl.M.C. 4674/2016 By the present petition, the Petitioners seek quashing of FIR No. 201/2008 under Sections 498A/406/34 IPC registered at PS Seelampur, Delhi on the complaint of Respondent No.2 and proceedings pursuant thereto as the parties have settled the matter. Learned counsel for the State on instructions from Investigating Officer states in the above noted FIR the five petitioners are the only accused and respondent No.2 the only complainant/victim. Respondent No. 2 who is present in Court and identified by learned counsel states that she has settled the matter with the petitioners out of Court and their statements were recorded before the Family Court, North East

District on 11th September, 2015 in a petition under Section 9 of Hindu Marriage Act filed by respondent No.2 for restitution of Conjugal Rights copy whereof has been filed at pages 72 and 73 of the paper book. Petitioner No.1 and respondent No.2 are living as husband and wife happily in the matrimonial house since September, 2015. She does not wish to pursue the above noted FIR and proceedings pursuant thereto. The petitioners who are present in Court and identified by learned counsel affirm the statement of respondent No.2 and state that they will not give cause of grievance to respondent No.2 and pray that the above noted FIR and proceedings pursuant thereto 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. 201/2008 under Sections 498A/406/34 IPC registered at PS Seelampur, 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 'v mittal'