Vikas Bansal & ORS v. State & ANR

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3072/2017 and Crl. M.A. No. 18926/2017 VIKAS BANSAL & ORS ..... Petitioners Represented by:

Mr. Vinay Gupta, Advocate with petitioners in person versus STATE & ANR ..... Respondents Represented by:

Mr. Srilina Roy, Advocate on behalf of Ms. Nandita Rao, ASC (Crl) with SI Ajeet Kumar, PS C R Park Respondent no.2 in person

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 28.11.2017 1.

Amended memo of parties is taken on record.

2.

By this petition the petitioners seek quashing of FIR No.298/2016 under Sections 498A/406/34 IPC registered at Police Station Chitranjan Park, New Delhi on the complaint of respondent No.2 on the ground that parties have settled the matters.

3.

Learned proxy counsel appearing on behalf of learned Additional Standing Counsel, on instructions from the Investigating Officer, submits that in the present FIR the five petitioners are the only accused and the respondent No. 2 is only complainant/victim.

4.

Respondent No. 2 is present in Court and is identified by the Investigating Officer. She states that she has settled the matter with the petitioners and in terms of the settlement, divorce by mutual consent has been granted between petitioner No. 1 and respondent No. 2. In full and final W.P.(CRL) 3072/2017

settlement of all her claims i.e. maintenance, streedhan, alimony etc. the petitioner No.1 has to pay a sum of ₹23,00,000/- which she has already received and she has no claims whatsoever remaining against the petitioners. In terms of the settlement she does not want to pursue the above mentioned FIR and proceedings pursuant thereto. She further states that she will abide by the terms of the settlement arrived at between the parties. 5.

Petitioners who are present in court and are identified by the 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. 6.

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. 7.

Consequently, FIR No.298/2016 under Section 498A/406/34 IPC registered at Police Station Chitranjan Park, New Delhi and proceedings pursuant thereto are hereby quashed.

8.

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

9.

Petition and application are disposed of. Order dasti. MUKTA GUPTA, J NOVEMBER 28, 2017/sm W.P.(CRL) 3072/2017