Mukesh Yadav & ORS v. State ( NCT Of Delhi) & ANR

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MUKESH YADAV & ORS ..... Petitioners Represented by:

Mr. Balvinder Singh, Advocate versus STATE ( NCT OF DELHI) & ANR ..... Respondents Represented by:

Mr. Jamal Akhtar, Advocate for Mr.

Rahul Mehra, Standing Counsel with SI Amit Kundu, PS Moti Nagar.

R-2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 23.01.2019 By the present petition the petitioners seek quashing of FIR No. 278/2016 under Section 498A/406/34 IPC registered at PS Moti 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 Proxy counsel for the learned Standing Counsel for the State on instructions from Investigating Officer submits that in the above-noted FIR initially four accused were added, however one of them, namely, Neha has passed away, hence the three petitioners are the accused and respondent No.2, the complainant/victim.

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, the terms whereof have been recorded in the statement recorded

for second motion for divorce by mutual consent. In terms of settlement, the respondent No. 2 is to receive a total sum of ` 3 Lakhs out of which she has already received ` 2,50,000 and the balance amount of ` 50,000 has been received by her today in Court through a Demand Draft No. '614716' dated 11.12.2018 drawn on Corporation Bank, Sarita Vihar. She submits that she has now no claim whatsoever remaining against the petitioners and does not wish to pursue the above-noted FIR and the proceedings pursuant thereto. She undertakes to abide by the terms of settlement arrived at between the parties.

Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No. 2 and undertake to abide by the terms of 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. There is no legal impediment in quashing the FIR in question.

Consequently, FIR No. 278/2016 under Section 498A/406/34 IPC registered at PS Moti Nagar, 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.

JANUARY 23, 2019 'rd'