Ankit Anand & ORS v. State Of NCT Of Delhi

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ANKIT ANAND & ORS ..... Petitioner Represented by:

Mr. Sikandar Khan, Advocate.

versus STATE OF NCT OF DELHI ..... Respondent Represented by:

Mr. Piyush Singhal, Advocate for Mr.

Ashish Aggarwal, ASC for the State with ASI Balwan Singh, PS Moti Nagar.

Mr. Sanjay Kumar, Advocate for R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 24.01.2019 Crl.M.A. No. 48385/2018 (Exemption) Allowed, subject to all just exceptions.

1.

By this petition, the petitioners seek quashing of FIR No. 203/2017 under Sections 498A/406/34 IPC registered at PS Moti Nagar 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 learned Additional Standing Counsel for the State on instructions submits that in the above noted FIR the four petitioners are the only accused and the respondent No.2 is the only complainant/victim.

3.

Respondent No.2 who is present in Court and is identified by the learned counsel and the Investigating Officer states that she has settled the matter with the petitioners vide the agreement dated 30th May, 2018 copy where of has been handed over in Court which is taken on record. In terms of the settlement, marriage between 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 ₹14,50,000/- to respondent No.2 out of which she has already received a sum of ₹9,50,000/- and the balance amount of ₹5,00,000/- has been received by her today in Court vide Demand Draft No. 500324 drawn on ICICI Bank dated 22nd January, 2019. In terms of the settlement she does not wish to pursue the abovementioned 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. 203/2017 under Sections 498A/406/34 IPC registered at PS Moti Nagar and proceedings pursuant thereto are hereby quashed.

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.

JANUARY 24, 2019 'yo'