Naseeb Singh & ORS v. State & ANR

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 805/2017 NASEEB SINGH & ORS ..... Petitioner Represented by:

Mr. D.C. Narnolia, Adv. with P-1 and P-2.

versus STATE & ANR ..... Respondent Represented by:

Mr. Hirein Sharma, APP with ASI Anita, PS Najafgarh.

R-2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 28.02.2017 Crl.M.A. 3420/2017 For the reasons stated in the application, the delay of 29 days in refiling the petition is condoned.

Application is disposed of.

Crl.M.C. 805/2017 By the present petition, the Petitioners seek quashing of FIR No. 538/2013 under Sections 498A/406/34 IPC registered at PS Najafgarh on the complaint of Respondent No.2 and proceedings pursuant thereto as the parties have settled the matter.

Learned APP for the State on instructions states that 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 the investigating officer states that she has settled the matter with the petitioners before the Counselling Cell, Family Courts, Dwarka Court, New Delhi copy

of which is placed at pages 45 and 46 of the paper book. After settlement, petitioner No.1 and respondent No.2 are living together at Ranchi, the work place of petitioner No.1 who is posted there and working in army. She states that she has now no grievance against the petitioners and does not wish to pursue the above noted FIR and the proceedings pursuant thereto. Petitioner Nos. 1 and 2, who are present in Court and identified by learned counsel, affirm the statement of respondent No.2 and state that they will ensure that the parties lead a happy married life and there is no cause of grievance to respondent No.2. Petitioners No. 3 to 5, who are residents of Haryana, are exempted from appearing before the 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. 538/2013 under Sections 498A/406/34 IPC registered at PS Najafgarh, 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.

FEBRUARY 28, 2017/'v mittal'