Manwant Singh Panesar & ORS v. Govt Of NCT Of Delhi & ANR

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MANWANT SINGH PANESAR & ORS ..... Petitioner Represented by:

Mr. Aparbal Singh, Mr.

Jitender Kumar, Advs.

versus GOVT OF NCT OF DELHI & ANR ..... Respondent Represented by:

Mr. Ravi Nayak, APP with SI Ram Phal Singh, PS Tilak Marg.

Mr. Javed, Adv. for R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 22.12.2016 Crl.M.A. 20044/2016 Exemption allowed subject to just exceptions. By the present petition the petitioners seek quashing of FIR No. 655/2013 under Sections 498A/406/34 IPC registered at PS Tilak Nagar, 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 five 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 on 15th October, 2014 before the Delhi Mediation Centre, Tis Hazari Courts where after petitioner No.1 and respondent No.2 are happily living together as husband and wife along with their child in an accommodation separate from the matrimonial home and the respondent No.2 has now no cause of grievance. She further states that as agreed the petitioner No.1 is continuing to pay her maintenance and thus she does not wish to pursue the above-noted FIR and the proceedings pursuant thereto. Petitioner No.1, 4 & 5 who are present in Court and are identified the learned counsel affirm the statement of respondent No.2. Petitioner No.

1 states that he will abide by the terms of settlement arrived at between the parties before the Delhi Mediation Centre. Petitioners No.2 and 3 being old and aged are exempted from appearing before this Court. 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. 655/2013 under Sections 498A/406/34 IPC registered at PS Tilak Nagar, 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 22, 2016 'ga'