Nand Ram Godia & ANR v. State (NCT Of Delhi) & ANR

28# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + NAND RAM GODIA & ORS ..... Petitioners Represented by:

Mr. Nitesh Kumar Singh, Ms.

Neha and Ms. Savita, Advocates with petitioners in person.

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

Ms. Jyoti Babbar, Advocate for Mr. Rajesh Mahajan, Additional Standing Counsel for State with SI Manoj Kumar, PS Shalimar Bagh.

Mr. Randhir Kumar, Advocate 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 Crl. M.A. No. 30351/2018 (impleadment) By this application the petitioners seeks impleadment of petitioner Nos. 3, 4 and 5 as parties to the present petition. Since charge sheet has also been filed against petitioner Nos. 3, 4 and 5 they are necessary parties to this petition. Application is disposed of impleading petitioner Nos. 3, 4 and 5 and taking the amended memo of parties on record.

By the present petition the petitioners seek quashing of FIR No. 982/2014 under Sections 354/506/34 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 proxy counsel for the learned Additional Standing Counsel for the State on instructions submits that in the above noted FIR the five petitioners as impleaded by the amended memo of parties 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 Settlement Deed dated 23rd March, 2015, copy whereof is annexed as Annexure-P6 to the present petition.

In terms of the settlement marriage between the Petitioner No.3 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 petitioners. She states that she has no claim of streedhan remaining against the petitioners and in terms of the settlement she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. She further undertakes to abide by the terms of settlement. 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.

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. 982/2014 under Sections 354/506/34 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'