Mahesh Jain & ORS v. State (Govt Of NCT Delhi) & ANR

55# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAHESH JAIN & ORS ..... Petitioners Represented by:

Mr. Dinesh Malik and Mr.

Akash Saini, Advocates with petitioners in person.

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

Mr. R.S. Kundu, Additional Standing Counsel for the State with ASI Devender Kumar, PS Sabzi Mandi.

Mr. Desh Raj, Advocate for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 20.12.2017 Crl. M.A. No. 17320/2017 (Exemption) Allowed, subject to all just exceptions.

By the present petition the petitioners seek quashing of FIR No. 508/2015 under Sections 498A/406/34 IPC registered at PS Subzi Mandi, 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 the Investigating Officer submits that in the above noted FIR the six

petitioners are the only accused and the respondent No.2 the only complainant/victim.

The complainant/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 before this Court in Bail Application No. 2412/2015. In terms of the settlement divorce by mutual consent has already been granted between the petitioner No.1 and the respondent No.2. As full and final settlement of all the claims, that is, maintenance, streedhan and alimony etc. of the Respondent No. 2 and the maintenance of the minor child, the Petitioner No.1 has to pay a sum of ₹16 lakhs out of which she has already received a sum of ₹10 lakhs and the balance amount of ₹6 lakhs by way of FDR in the name of minor daughter has also been received.

She also states that she has no claims whatsoever remaining against the petitioners and undertakes to abide by the terms of the settlement. She states that in terms of the settlement she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. Petitioners who are present in Court and are identified by learned counsel affirm the statement of respondent No.2 and state that they will abide by the terms of the 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. 508/2015 under Sections 498A/406/34 IPC registered at PS Subzi Mandi, Delhi and proceedings pursuant thereto are hereby quashed.

Parties have signed this order sheet in acknowledgment of their statements made before this Court.

The petition is disposed of. Order dasti.

MUKTA GUPTA, J.

DECEMBER 20, 2017 'vn'