← Library
High Court of DelhiW.P.(CRL)/2963/2017

Deepak & ANR v. State & ANR

2017-12-07Hon'Ble Ms. Justice Mukta Gupta2 pages

$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2963/2017 DEEPAK & ANR

...Petitioners

Represented by:

Mr.Harsh Jaidka, Advocate versus STATE & ANR .... Respondents Represented by:

Proxy counsel for the State (presence not given) Mr.Kanwar Kochhar, Advocate for respondent No.2 SI Uday Singh, PS Bawana

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 07.12.2017 By this petition the petitioner seeks quashing of FIR No.265/2013 under Section 328/498A/34 IPC registered at PS Bawana 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 the learned ASC on instructions from Investigating Officer submits that in the above-noted FIR, four petitioners are the accused and respondent No.2 is the only complainant. Respondent No.2 is present in Court and is identified by learned counsel and the Investigating Officer. She states that she has settled the matter with the Petitioners and in terms of the settlement, divorce by mutual W.P.(CRL) 2963/2017

consent has been granted to petitioner No.1 and respondent No.2. In full and final settlement of all her claims i.e. maintenance, streedhan, alimony etc. respondent No.2 has already received a sum of ₹17,00,000/- and now she has no claim whatsoever against the petitioners and does not wish to pursue the above-noted FIR and the proceedings pursuant thereto. Petitioners who are present in Court and are identified by the investigating officer affirm the statement of respondent No.2 and state that they will abide by the terms of the 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.265/2013 under Section 328/498A/34 IPC registered at PS Bawana 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 07, 2017 'rk'

W.P.(CRL) 2963/2017