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High Court of DelhiCRL.M.C./5712/2018

Ms. Meenu Panchal & ORS. v. State & ANR.

2018-12-14Hon'Ble Ms. Justice Mukta Gupta3 pages

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MS. MEENU PANCHAL & ORS.

..... Petitioner Represented by:

Mr. Pramendra Kumar, Mr. B.

Karuna Karan, Advs.

versus STATE & ANR.

..... Respondent Represented by:

Ms. Meenakshi Chauhan, APP with SI Anand Pratap Singh PS Madhu Vihar.

Mr. Arun Sheoran, Mr. Sushil Kumar, Advs. for R-2 to 4 with R-2 to 4 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 14.12.2018 Crl.M.A. 36007/2018 Exemption allowed subject to just exceptions. By the present petition the petitioners seek quashing of FIR No. 434/2015 under Sections 323/324/341/34 IPC registered at PS Madhu Vihar, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned APP for the State on instructions from Investigating Officer submits that in the above-noted FIR the five petitioners are the accused and respondent No.2 the complainant/ victim and respondents No.3 & 4 the

other victims. The FIR in question is an off-shoot of a matrimonial dispute between the petitioner No.1 and respondent No.2 wherein the parties have settled the differences.

Respondents No. 2, 3 and 4 are present in Court and are identified by the learned counsel and the Investigating Officer. They state that they have settled the matter with the petitioners before the Delhi Mediation Centre, Karkardooma Courts on 22nd May, 2018 copy whereof is annexed from pages 55 to 60 of the paper book. In terms of the settlement divorce between petitioner No.1 and respondent No.2 has been granted and the respondents do not now wish to pursue the above-noted FIR and the proceedings pursuant thereto.

Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondents No.2 to 4 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. 434/2015 under Sections 323/324/341/34 IPC registered at PS Madhu Vihar, 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.

DECEMBER 14, 2018 'ga'