Maksood @ Masood Akhtar v. The State ( Govt Of NCT Of Delhi) & ANR

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAKSOOD @ MASOOD AKHTAR & ANR.

..... Petitioners Represented by:

Mr.Saurabh Kansal and Mohd.Azhar, Advocates versus THE STATE ( GOVT OF NCT OF DELHI) & ANR ..... Respondents Represented by:

Ms.Amita Sachdeva, Advocate for Ms.Richa Kapoor, ASC for the State with SI Pawan Kumar, PS Narela Mr.Lokendra, Advocate for R-2

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 18.03.2019 1.

By this petition, the petitioners seek quashing of FIR No.141/2006 under Sections 498A/34 IPC registered at PS Narela on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.

2.

Learned proxy counsel for learned Additional Standing Counsel for the State on instructions submits that in the above noted FIR the two petitioners are the only accused and the respondent No.2 is the only complainant/victim.

3.

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

matter with the petitioners before the Delhi Mediation Centre Rohini Courts on 23rd May, 2017. In terms of the settlement she has to receive a total sum of ₹2 lakhs out of which she has already received a sum of ₹1,30,000/- and the balance amount of ₹70,000/- has bene received by her today in Court through Demand Draft No.512472 drawn on ICICI Bank. She further states that she has no claim whatsoever remaining against the petitioners. In terms of the settlement she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. She also undertakes to abide by the terms of settlement.

4.

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. 5.

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.

6.

Consequently, FIR No.141/2006 under Sections 498A/34 IPC registered at PS Narela and proceedings pursuant thereto are hereby quashed qua both petitioners.

7.

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

8.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

MARCH 18, 2019 mamta