Anil Kumar & ORS v. The State Govt Of NCT Of Delhi & ANR

$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ANIL KUMAR & ORS ..... Petitioners Represented by:

Mr. Vijay Kinger and Ms.

Roopa Nagpal, Advocates with petitioners in person.

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

Ms. Srilina Roy, Advocate on behalf of Ms. Nandita Rao, ASC for State with SI Ranbir Singh, PS Swaroop Nagar.

Mr. Siddhartha Singh, Advocate for respondent No. 2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 13.12.2017 Crl.M.A. No. 20604/2017 (Exemption) Allowed, subject to all just exception.

By the present petition the petitioners seek quashing of FIR No. 204/2014 under Sections 498A/406/34 IPC registered at PS Swaroop 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 learned Additional Standing Counsel for

the State on instructions from Investigating Officer submits that in the above-noted FIR the six 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 learned counsel and the Investigating Officer states that she has settled the matter with the Petitioners. In terms of the settlement marriage between the Petitioner No.1 and Respondent No.2/complainant has been dissolved by a decree of divorce by mutual consent. As full and final settlement of all the claims, that is, maintenance, streedhan and alimony etc. of the Respondent No. 2, the Petitioner No.1 has to pay a sum of ₹4.25 lakhs out of which ₹2.75 lakh have already been received and the balance of ₹1.50 lakh has been received by her today in Court vide cheque No. 219715 dated 13th December, 2017 drawn on Punjab National Bank, Delhi. Respondent No.2 states that now she has no claim whatsoever remaining against the petitioners and in terms of the settlement she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto and she will abide by the terms of settlement.

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 before Delhi Mediation Centre, Tis Hazari Courts.

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. 204/2014 under Sections 498A/406/34 IPC registered at PS Swaroop Nagar, Delhi and proceedings pursuant thereto are hereby quashed against all the accused.

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 13, 2017 'yo'