Vinit Singhal & ORS v. The State & ANR

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + VINIT SINGHAL & ORS ..... Petitioner Represented by:

Mr. Pankaj Kumar, Adv.

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

Ms. Richa Kapoor, ASC with WSI Sushil Yadav PS Prashant Vihar.

Ms. Reecha Khajuria, Adv. for R-2 with R-2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 19.02.2018 By the present petition the petitioners seek quashing of FIR No. 1498/2014 under Sections 498A/406/34 IPC and Section 4 of Dowry Prohibition Act registered at PS Prashant Vihar, 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 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 at the time of grant of anticipatory bail as is reflected in the order dated 17th May, 2016 passed by the learned Additional Sessions Judge, Fast Track Court. Pursuant to 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, alimony, etc., petitioners have agreed to pay a total sum of ₹38 lakhs out of which she has already received ₹28 lakhs and the balance amount of ₹10 lakhs has been received by her today in Court by way of three cheques numbering [078006, 078012 and 078013] drawn on Punjab National Bank, Assandh, Karnal, Haryana. She states that she has now no claim whatsoever against the petitioners and does not wish to pursue the above-noted FIR and the proceedings pursuant thereto.

Petitioners No.1,2,3&5 are present in Court and are identified by the learned counsel. Petitioner No.4 is not present as she has a minor infant child to look after and is residing in Faridabad. Petitioner No.4 is thus exempted from appearing before this Court. Petitioners No.1,2,3&5 who 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.

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. 1498/2014 under Sections 498A/406/34 IPC and Section 4 of Dowry Prohibition Act registered at PS Prashant Vihar, 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.

FEBRUARY 19, 2018 'ga'