Ravi Bhasin v. State & ANR.

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RAVI BHASIN ..... Petitioner Represented by:

Mr. Shashwat Bhardwaj, Advocate.

versus STATE & ANR.

..... Respondent Represented by:

Ms. Nandita Rao, ASC with SI Birmati, PS Uttam Nagar.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 12.10.2018 Crl.M.A. No. 34236/2018 (Exemption) Allowed, subject to all just exceptions.

1.

By this petition, the petitioner seeks quashing of FIR No. 269/2016 under Sections 498A/406 IPC registered at PS Uttam Nagar on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. 2.

Learned Additional Standing Counsel for the State on instructions submits that in the above noted FIR the petitioner is the only accused and the respondent No.2 is the only complainant/victim. 3.

Respondent No.2 who is present in Court and is identified by the Investigating Officer states that she has settled the matter with the petitioner

terms whereof are recorded in the joint statement of the petitioner while seeking divorce by mutual consent recorded on 25th May, 2017 copy whereof is annexed as Annexure-P2 to the present petition. In terms of the settlement, marriage between petitioner and respondent No.2/complainant has been dissolved by a decree of divorce by mutual consent. Respondent No. 2 has not claimed any maintenance, streedhan and alimony etc. from the petitioner. Further the two children born from the wedlock, namely, Sujal and Lishika aged 12 years and 10 years respectively will remain in care and custody of the petitioner and the respondent No. 2 will neither have the custody nor the visiting rights. She states that she does not wish to pursue the abovementioned FIR and the proceedings pursuant thereto and does not have any claim left towards the petitioner. She further undertakes to abide by the terms of settlement arrived at between the parties. 4.

Petitioner who is present in Court and is identified by the learned counsel affirms the statement of respondent No.2 and undertakes to abide by the terms of settlement arrived at between.

5.

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.

6.

Consequently, FIR No. 269/2016 under Sections 498A/406 IPC registered at PS Uttam Nagar and proceedings pursuant thereto are hereby

quashed.

7.

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

8.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

OCTOBER 12, 2018 'yo'