Ishant Sharma & ORS. v. State & ANR.

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ISHANT SHARMA & ORS.

..... Petitioners Represented by:

Mr.Arvind Kumar Maurya and Mr.Gurjit Singh, Advocates with Petitioners in person versus STATE & ANR.

..... Respondents Represented by:

Mr.Sanjay Lao, ASC for the State with Ms.Hemlata Rawat, Advocate and SI Neeraj, PS South Rohini Ms.Indu Bala, Advocate for R-2 with R-2 in person

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 25.10.2018 Crl.M.A.No.34794/2018 Allowed subject to just exceptions.

W.P.(Crl.) No.3241/2018 1.

By this petition, the petitioners seek quashing of FIR No.446/2016 under Sections 498A/406/34 IPC registered at PS South Rohini 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 four petitioners are 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 learned counsel and Investigating Officer states that she has settled the matter with the petitioners before the Counselling Cell, Family Court (North-West), Rohini District on 13th November, 2017 copy whereof is annexed as Annexure P-2 to the present petition. In terms of the settlement marriage between petitioner No.1 and respondent No.2/complainant has been dissolved by a decree of divorce by mutual consent. As full and final settlement of all the claims, that is, maintenance, streedhan and alimony etc. of the respondent No. 2, the petitioner No.1 has to pay a sum of ₹5,50,000/- to respondent No.2 out of which she has already received a sum of ₹4,00,000/- and the balance amount of ₹1,50,000/- has been received by her today in Court vide Demand Draft No.808948 drawn on Bank of Baroda. She further states that she has no claim whatsoever remaining against the petitioners. In terms of the settlement she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. 4.

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. 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.446/2016 under Sections 498A/406/34 IPC registered at PS South Rohini 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 25, 2018 mamta