Akash & ORS v. State (NCT Of Delhi) & ANR

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + AKASH & ORS ..... Petitioner Represented by:

Mr. Ramesh Kumar, Mr. Ajay Kumar, Mr. Jitender Singh, Ms.

Tanu Priya, Advs.

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

Ms. Kamna Vohra, ASC for Mr. R.S. Kundu, ASC with SI Ranbir Singh PS Nangloi.

Mr. Rajender Gupta, Adv. for R-2 with R-2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 27.02.2018 By the present petition the petitioners seek quashing of FIR No. 539/2015 under Sections 498A/406/34 IPC registered at PS Nangloi, 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 four petitioners are the only accused and respondent No.2 the only complainant victim.

Respondent No. 2 is present in Court and is identified by the learned counsel and the Investigating Officer. She states that she has settled the matter with the petitioners before the Delhi Mediation Centre, Tis Hazari Courts on 7th September, 2015 pursuant whereto divorce by mutual consent has been granted between the petitioner No.1 and respondent No.2. In lieu of all the claims of maintenance, istridhan, alimony etc., the respondent No.2 has already received a sum of ₹3,50,000/- besides the articles as noted in the settlement. She states that she has now no claim whatsoever against the petitioners and does not wish to pursue the above-noted FIR and the proceedings pursuant thereto. She further states that she has withdrawn all the complaints filed by her against the petitioners and undertake to abide by the terms of settlement.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.

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. 539/2015 under Sections 498A/406/34 IPC registered at PS Nangloi, 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.

FEBRUARY 27, 2018 'ga'