High Court of DelhiCRL.M.C./4760/2016

Prince Madan & ORS. v. The State & ANR.

2016-12-20Hon'Ble Ms. Justice Mukta Gupta3 pages

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + PRINCE MADAN & ORS.

..... Petitioner Represented by:

Mr. Neeraj Sharma, Adv.

versus THE STATE & ANR.

..... Respondent Represented by:

Ms. Meenakshi Chauhan, APP with SI Bijender Ps K.N. Katju Marg.

Mr. Anil Vats, Adv. for R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 20.12.2016 Crl.M.A. 19803/2016 Exemption allowed subject to just exceptions. By the present petition the petitioners seek quashing of FIR No. 257/2012 under Sections 498A/406/34 IPC registered at PS K.N. Katju Marg, 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 Investigating Officer submits that in the above-noted FIR the four petitioners are the only accused and respondent No.2 the only complainant/ victim.

Respondent No. 2 is present in Court and is identified by the learned counsel. She states that she has settled the matter with the petitioners before the Delhi Mediation Centre, Rohini Courts on 29th May, 2015. In terms of the settlement divorce by mutual consent has been granted between petitioner No.1 and respondent No.2. In lieu of all her claims of maintenance, istridhan and alimony the respondent No.2 is entitled to receive a sum of ₹3,99,000/- out of which she has already received ₹3 lakhs and the balance amount of ₹99,000/- has been received by her today in Court by way of Manager's Cheque No.'000331' drawn on HDFC Bank. She states that she does not wish to pursue the abovementioned FIR and the proceedings pursuant thereto.

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. 257/2012 under Sections 498A/406/34 IPC registered at PS K.N. Katju Marg, 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 20, 2016 'ga'