Amrit Kaur & ORS v. The State Govt Of NCT Of Delhi & ANR
$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + AMRIT KAUR & ORS ... Petitioners Represented by:
Mr.Sandeep Yadav, Advocate versus THE STATE GOVT OF NCT OF DELHI & ANR ... Respondents Represented by:
Ms.Kamna Vohra, ASC with Mr.Prem Sagar Pal and Mr.Suman, Advocates Insp. Jitender Kumar, PS DIU/ West Distt.
Mr.Ashish Garg, Advocate for respondents No.2 to 4
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
O R D E R
% 28.02.2018 By this petition the petitioners seek quashing of FIR No.481/2016 under Sections 354/354B/506/323/34 IPC registered at PS Punjabi Bagh, New Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. On the last date of hearing this Court had pointed out that from the FIR besides respondent No.2 there were other victims as well, who were to be impleaded. An Amended Memo of Parties has been filed as per which besides Harveen Kaur, the complainant/victim, Kamalpreet Singh has been
impleaded as respondent No.3.
Learned Additional Standing Counsel for the State on instructions from Investigating Officer submits that in the above-noted FIR, besides Harveen Kaur and Kamalpreet Singh, one Simranpal Singh is also a victim who has not been impleaded as a party. Learned Additional Standing Counsel further states that there was one more victim Balwinder, who has since passed away. Faced with this situation, learned counsel for the petitioner has handed over another Amended Memo of Parties impleading Simranpal Singh as respondent No.4, which is taken on record. Harveen Kaur, Kamalpreet Singh and Simranpal Singh are present in Court and are identified by the learned counsel and the Investigating Officer.
They state that they have settled the matter with the petitioners vide Memo of Settlement dated 28th April, 2017 pursuant whereto marriage between Amardeep Singh, son of petitioner No.1 and 2 and Harveen Kaur, respondent No.2 has been dissolved by a decree of divorce by mutual consent. Further, parties have also settled the disputes regarding their articles, stridhan and the various proceedings pending between them. Respondents No.2 to 4 state that in view of the holistic settlement arrived at between the parties which they undertake to abide by, they do not wish to pursue the above noted FIR and the proceedings pursuant thereto. Petitioners who are present in Court and are identified by the learned counsel affirm the statements of the respondents and undertake to abide by the terms of 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.481/2016 under Sections 354/354B/506/323/34 IPC registered at PS Punjabi Bagh, New 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 28, 2018 'rk'