Suresh Sharma & ANR v. State (NCT Of Delhi) & ANR

29# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + SURESH SHARMA & ANR ..... Petitioners Represented by:

Mr. Randhir Kumar, Advocate with petitioner in person.

versus STATE (NCT OF DELHI) & ANR ..... Respondents Represented by:

Mr. Ranbir Singh Kundu, Additional Standing Counsel for State with Ms. Suman Saharan and Mr. Abhijit Shankar, Advocates with SI Manoj Kumar, PS Shalimar Bagh.

Mr. Nitesh Kumar Singh, Ms.

Neha and Ms. Savita, Advocates for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 21.08.2018 By the present petition the petitioners seek quashing of FIR No. 975/2014 under Sections 354/34 IPC registered at PS Shalimar Bagh, 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 submits that in the above noted FIR the two 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 the above noted FIR is an off shoot of a matrimonial dispute between her brother-in-law Rahul Kumar and his wife Shalini Sharma. Since Rahul Kumar and Shalini Sharma have settled the dispute vide Settlement Deed dated 23rd March, 2015, copy whereof is annexed as Annexure-P3 to the present petition and decree of divorce by mutual consent has been granted between two of them she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto which are against the father and brother of Shalini Sharma. She states that she will abide by the terms of settlement arrived at between the parties.

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. 975/2014 under Sections 354/34 IPC registered at PS Shalimar Bagh, 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.

AUGUST 21, 2018 'vn'