Tarun @ Bunty & ORS v. The State Of NCT Of Delhi & ORS

2# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + TARUN @ BUNTY & ORS ..... Petitioners Represented by:

Ms. Vijaya Tyagi, Advocate with petitioners in person.

versus THE STATE OF NCT OF DELHI & ORS ..... Respondents Represented by:

Ms. Richa Kapoor, Additional Standing Counsel for State with SI Dheer Singh, PS Farsh Bazar.

Mr. Amit Rao, Advocate for respondent No. 2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 12.02.2018 Crl. M.A. No. 14983/2017 (Exemption) Allowed, subject to all just exceptions.

By the present petition the petitioners seek quashing of FIR No. 453/2016 under Sections 498A/406/34 IPC registered at PS Farsh Bazar, 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 from Investigating Officer submits that in the above-noted FIR the six 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 settlement deed dated 5th August, 2017 before the Counselling Cell of the Principal Judge, Family Court, Karkardooma, Shahdara, Delhi. In terms of the settlement marriage between the 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 ₹5.20 lakhs to respondent No.2 out of which she has already received a sum of ₹4 lakhs and the balance amount of ₹1.20 lakhs has been received by her today in Court vide Demand Draft No.

453205 dated 28th August, 2018 (revalidated on 29th November, 2017) drawn on Punjab National Bank, Preet Vihar, Delhi. She further states that now 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. She also states that she will 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 the settlement deed dated 5th August, 2017.

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. 453/2016 under Sections 498A/406/34 IPC registered at PS Farsh Bazar, Delhi and proceedings pursuant thereto are hereby quashed against all the accused.

Parties have signed this order sheet in acknowledgment of their statements made before this Court.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

FEBRUARY 12, 2018 'vn'