Karan Manchanda & ANR v. The State Govt Of NCT Of Delhi

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + KARAN MANCHANDA & ANR ..... Petitioner Represented by:

Mr. Dinesh Kumar Tiwary and Mr.

Chandan Kumar, Advocates.

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

Ms. Purnima, Advocate for Mr. Avi Singh, ASC with SI Sohan Lal, PS Mehrauli.

Mr. R.R. Bhardwaj, Advocate for R-5 and 6.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 21.01.2019 By the present petition the petitioner and respondent Nos. 3 to 6 seek quashing of FIR No. 2340/2015 under Sections 498A/406/34 IPC registered at PS Mehrauli, 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 learned Additional Standing Counsel for the State on instructions submits that in the above noted FIR the petitioner and respondent Nos. 3 to 6 are the 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 petitioner and respondent Nos. 3 to 6 vide Memorandum of Understanding dated 17th November, 2016 copy whereof is annexed as Annexure-2 of the paper book. In terms of the settlement petitioner and respondent No. 2 are now living together along with their minor child with the other family members in the matrimonial home for the last two years. She further states that she has now no grievance and does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. She further undertakes to abide by the terms of settlement arrived at between the parties. Petitioner and respondent Nos.

3 and 4 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. Respondent Nos. 5 and 6 are not present in Court as they are stated to be unwell, thus they 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. 2340/2015 under Sections 498A/406/34 IPC registered at PS Mehrauli, Delhi and proceedings pursuant thereto are hereby quashed qua the petitioner and respondent Nos. 3 to 6.

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 21, 2019 'yo'