Gagan Deep Singh & ORS v. State (Govt Of NCT Delhi) & ORS

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + GAGAN DEEP SINGH & ORS ..... Petitioner Represented by:

Mr. Sunil Vadian, Adv.

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

Mr. Amit Ahlawat, APP with SI Beg Raj PS CAW Cell.

Mr. Vikas Walia, Adv. for R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 27.01.2017 By the present petition the petitioners seek quashing of FIR No. 183/2010 under Sections 406/498A/34 IPC registered at PS CAW Cell, Moti Bagh, 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 initially four accused were arrayed and charge-sheet was filed against them, however learned Trial Court did not summon Puneet Kaur sister of petitioner No.1 as an accused and thus the three 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 and the Investigating Officer. She states that she has settled the matter with the petitioners. In terms of 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 and alimony the respondent No.2 was to receive a total sum of ₹6,50,000/- out of which she has already received a sum of ₹4,75,000/- and the balance amount of ₹1,75,000/- has been received by her today in Court by way of two demand drafts No. '517670 ' and '213958' drawn on Corporation Bank and Central Bank of India respectively. She further states that the cost of ₹10,000/- as imposed vide order dated 20th January, 2017 on the petitioners has also been paid to her.

Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and states that they will abide by the terms of settlement arrived 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. 183/2010 under Sections 406/498A/34 IPC registered at PS CAW Cell, Moti Bagh, 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.

JANUARY 27, 2017 'ga'