Sunil Batra & ANR v. The State Govt Of NCT Of Delhi & ANR

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + SUNIL BATRA & ANR ..... Petitioners Represented by:

Mr. Vikas Bhatia, Advocate with petitioners in person.

versus THE STATE GOVT OF NCT OF DELHI & ANR ..... Respondent Represented by:

Mr. Rajesh Mahajan, ASC for State with ASI Narender Pal Singh, PS Gandhi Nagar.

Respondent No. 2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 01.12.2017 Crl. M.A. 19844/2017 (Exemption) Allowed, subject to all just exceptions.

By the present petition the petitioners seek quashing of FIR No. 971/2014 under Sections 498A/406/34 IPC registered at PS Gandhi Nagar, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Issue notice.

Learned Additional Standing Counsel for the State accepts notice. Learned Additional Standing Counsel for the State on instructions from the Investigating Officer submits that in the above noted FIR though both the petitioner were arrayed as accused however, charge sheet has been

filed only against petitioner No.1 and not petitioner No.2. Respondent No.2 is the only complainant/victim in the above noted FIR. The complainant/Respondent No. 2 Ms. Bharti Batra @ Bharti Handa, 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 31st January, 2017 and has started living with petitioner No.1, her husband and son in a rented accommodation in Geeta Colony since 15th February, 2017. She states that she has now no cause of grievance and in terms of the settlement she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. She states that she will abide by the terms of the settlement arrived at between the parties.

Petitioners who are present in Court and are identified by the learned counsel affirm the statement of the respondent No. 2 and state that they will abide by the terms of settlement arrived at between the parties on 31st January, 2017 before the Delhi Mediation Centre, Karkardooma Courts. Petitioner No.1 also state that in future he will give no cause of grievance to respondent No.2 and will ensure a happy married life. 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. 971/2014 under Sections 498A/406/34 IPC registered at PS Gandhi 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.

DECEMBER 01, 2017 'yo'