Sudhir Kaushik & ORS v. The State ( Gnct Of Delhi) & ANR

14# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + SUDHIR KAUSHIK & ORS ..... Petitioners Represented by:

Mr. Manish Srivastava, Advocate with petitioners in person.

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

Ms. Jyoti Babbar, Advocate for Mr.

Rajesh Mahajan, Additional Standing Counsel for State with SI Praveen, PS Mandawali.

Mr. Sachin Sharma, Advocate for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 16.11.2018 By the present petition, petitioners seek quashing of FIR No. 198/2015 under Sections 498A/406/34 IPC registered at PS Mandawali, 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 learned Additional Standing Counsel for the State on instructions from the 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 Memorandum of Understanding dated 14th March, 2018, copy whereof is annexed as Annexure-P-2 of the paper book. 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 lakhs to respondent No.2 out of which she has already received a sum of ₹3 lakhs and the balance amount of ₹2 lakhs has been received by her today in Court vide Demand Draft No. 821736 dated 15th November, 2018 drawn on Syndicate Bank, Vikas Marg Extension, Delhi.

She further states that the other articles as mentioned in the Memorandum of Understanding including the car and jewellery have also been received by her and she has now 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 and 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.

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.

question.

Consequently, FIR No. 198/2015 under Sections 498A/406/34 IPC registered at PS Mandawali, 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.

NOVEMBER 16, 2018 'vn'