Varun Chopra & ORS. v. State & ANR.

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3409/2018 VARUN CHOPRA & ORS.

..... Petitioners Represented by:

Ms.Ayushi Chugh, Adv. for P-1.

Mr.Ashish Kapoor, Adv. for P-2 to 6.

versus STATE & ANR.

..... Respondents Represented by:

Mr.Siddarth Sindhu, Adv. for Mr.Sanjay Lao, ASC for State.

SI Kartar Singh PS Bindapur.

Mr.Paramveer Deswal, Adv. for complainant/R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 02.11.2018 Crl.M.A. 35750/2018 (exemption) Allowed, subject to all just exceptions.

W.P.(Crl.) 3409/2018 1.

By this petition, the petitioners seek quashing of FIR No.362/2018 under Sections 498A/34 IPC registered at PS Bindapur on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.

2.

Learned proxy counsel for Additional Standing Counsel for the State on instructions submits that in the above noted FIR the six petitioners have W.P.(CRL) 3409/2018

been arrayed as the accused though chargesheet has not been filed and the respondent No.2 is the only complainant.

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 petitioners before the Counselling Cell, Family Courts, Dwarka, New Delhi on 01st September, 2018 copy whereof is annexed as Annexure B-1 to the present petition. In terms of the settlement, petitioner no.1 and respondent no.2 along with their minor children are staying separately in a rented accommodation. Respondent no.2 states that she has no cause of grievance and does not wish to pursue the above noted FIR and the proceedings pursuant thereto. She undertakes to abide by the terms of settlement arrived at between the parties.

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.

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.362/2018 under Sections 498A/34 IPC registered at PS Bindapur and proceedings pursuant thereto are hereby quashed.

W.P.(CRL) 3409/2018

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.

NOVEMBER 02, 2018 ab