Ashish Kumar & ORS v. State (Govt Of NCT Of Delhi) & ANR

69# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2994/2018 ASHISH KUMAR & ORS ..... Petitioners Represented by:

Mr. Rahul Bhardwaj and Mr. Abhishek Partap Singh, Advocate with petitioners in person.

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

Ms. Kamna Vohra, Additional Standing Counsel for State with SI Leela Ram, PS Jaffarpur.

Mr. Paramjeet Lohach, advocate for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 01.10.2018 By the present petition, petitioners seek quashing of FIR No. 56/2016 under Sections 498A/406/34 IPC registered at PS Jaffarpur Kalan, 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 on instructions submits that in the above noted FIR the six petitioners 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 learned counsel and Investigating Officer states that she has settled the matter with the Petitioners and since 28th August, 2017 has been living with the petitioner No.1 in the matrimonial home and in this regard she made statement W.P.(CRL) 2994/2018

before the Family Court, Dwarka on 18th September, 2017. She states that she has now no cause of grievance against the petitioners and does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. She states that all the cases filed by her have been withdrawn by her. 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 settlement arrived at between the parties. They assure that there will be no cause of grievance to the respondent No.2 in future.

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. 56/2016 under Sections 498A/406/34 IPC registered at PS Jaffarpur Kalan, Delhi and proceedings pursuant thereto are hereby quashed.

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

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

OCTOBER 01, 2018/'vn'

W.P.(CRL) 2994/2018