Anil v. State & ORS.

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ANIL ..... Petitioner Represented by:

Ms. Sudha Reddy, Ms. Varudha Trivedi, Mr. Raghav Alok, Advs.

versus STATE & ORS.

..... Respondent Represented by:

Ms. Amita Sachdeva, Adv. for Ms.

Richa Kapoor, ASC with SI Sanjeev PS Palam Village.

R-2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 19.02.2019 Crl.M.A. 48174/2019 Exemption allowed subject to just exceptions. By the present petition the petitioner seeks quashing of FIR No. 237/2011 under Sections 498A/406 IPC registered at PS Palam Village, 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 the learned Additional Standing Counsel for the State on instructions from Investigating Officer submits that in the above-noted FIR though besides the petitioner five other accused were named, however charge-sheet was filed only against the petitioner and other five accused were kept in column No.12 and no cognizance has been taken

qua them. She further states that the respondent No.2 is the only complainant/ victim.

Respondent No. 2 is present in Court and is identified by the Investigating Officer. She states that they have settled the matter and the petitioner and respondent No.2 are living together since 8th February, 2015 in the matrimonial home and are now blessed with a child who is two and a half year old. She states that she has now no grievance and does not wish to pursue the above-noted FIR and the proceedings pursuant thereto. Petitioner who are present in Court and is identified by the learned counsel affirm the statement of respondent No.2 and assures that he will make all efforts so that the parties lead a happy married life. 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. 237/2011 under Sections 498A/406 IPC registered at PS Palam Village, 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 19, 2019 'ga'