Deepak Ramprasad Mishra & ORS v. State (NCT Of Delhi) & ANR

13# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + DEEPAK RAMPRASAD MISHRA & ORS ..... Petitioners Represented by:

Mr.Prashant Sharma, Advocate with petitioner Nos.1 and 3 in person.

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

Ms. Richa Kapoor, Additional Standing Counsel for State with SI Nikhil Singh, PS New Ashok Nagar.

Respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 11.05.2018 By the present petition the petitioners seek quashing of FIR No. 430/2015 under Sections 498A/406/34 IPC registered at PS New Ashok Nagar, 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 five petitioners are the only accused and the respondent No.2 is the only complainant/ victim.

Respondent No. 2 who is present in Court and is identified by the Investigating Officer states that she has settled the matter with the

Petitioners before the Delhi Mediation Centre, Karkardooma Courts on 1st September, 2015, copy whereof is annexed as Annexure-P2 of the paper book. She had been living with the petitioner No.1 in the matrimonial home after the settlement. She states that she has now no grievance and does not want to pursue the abovementioned FIR and the proceedings pursuant thereto and undertakes to abide by the terms of settlement. Petitioner Nos. 1 and 3 are present in Court and are identified by the learned counsel. They affirm the statement of respondent No.2 and undertake to abide by the terms of settlement arrived at between the parties before the Delhi Mediation Centre, Karkardooma. Petitioner Nos. 2 and 4 are residents of Mumbai. Petitioner No.2 is paralytic and bed ridden. Petitioner No. 5 is the married sister of petitioner No.1.

Thus petitioner Nos. 2, 4 and 5 are exempted from appearing before this Court. 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. 430/2015 under Sections 498A/406/34 IPC registered at PS New Ashok Nagar, Delhi and proceedings pursuant thereto are hereby quashed qua all the petitioners.

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

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

MAY 11, 2018/'vn'