Kamaljeet Singh Bawa & ORS v. State Govt Of NCT Of Delhi & ANR

$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI + KAMALJEET SINGH BAWA & ORS ..... Petitioner Represented by:

Mr. Surinder Singh and Ms. Kaushal Chauhan, Advocates.

versus STATE GOVT OF NCT OF DELHI & ANR ..... Respondent Represented by:

Mr. Jamal Akhtar, Advocate for Mr.

Rahul Mehra, Standing Counsel with ASI Sohan Pal, PS Vikas Puri.

Ms. Nazia Qulsum, Advocate for R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 26.10.2018 Crl.M.A. No. 34916/2018 (Exemption) Allowed, subject to all just exceptions.

By the present petition the petitioners seek quashing of FIR No. 68/2016 under Sections 323/342/506/509/34 IPC registered at PS Vikas Puri, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned proxy counsel for learned Standing Counsel for the State on instructions submits that the above noted FIR is an offshoot of matrimonial dispute between petitioner No. 1 and respondent No. 2 and in the above

noted FIR the five 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 vide the Memorandum of Understanding dated 30th July, 2018, copy whereof is annexed as Annexure-A2 of the paper book. In terms of the settlement respondent No. 2 continues to live in the company of petitioner No. 1 and the other petitioners at the matrimonial home. She is now living peacefully and has no cause of grievance and does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. She further undertakes to abide by the terms of settlement arrived at between the parties vide the Memorandum of Understanding dated 30th July, 2018. 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. 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. 68/2016 under Sections 323/342/506/509/34 IPC registered at PS Vikas Puri, 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 26, 2018 'yo'