Lokesh Sharma & ORS v. State (Govt Of NCT Of Delhi) & ANR

11# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + LOKESH SHARMA & ORS.

..... Petitioners Represented by:

Dr. L.S. Chaudhary, Mr. Ajay Chaudhary, Mr. Anurag Tomar and Mr. Viresh Chaudhary, Advocates with petitioners in person.

versus STATE (GOVT. OF NCT OF DELHI) & ANR.

.... Respondents Represented by:

Ms. Meenakshi Chauhan, APP for Ms. Nandita Rao, Additional Standing Counsel for State with SI Ashish Kumar, PS Bhajanpura.

Mr. Ram Kumar, Advocate for respondent No.2 with respondent No. 2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 02.01.2018 Crl. M.A. No. 20656/2017 (Exemption) Allowed, subject to all just exceptions.

By the present petition the petitioners seek quashing of FIR No. 443/2016 under Sections 498A/406/34 IPC registered at PS Bhajanpura, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.

Learned APP for the State appearing on behalf of learned Additional Standing Counsel for the State on instructions from Investigating Officer submits that in the above-noted the four 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 before the Delhi Mediation Centre, Karkardooma Courts on 9th March, 2017. 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 ₹22.

50 lakhs out of which ₹15 lakhs has already been received and the balance amount of ₹7.50 lakhs has been received by her today in Court vide Demand Draft No. 117940 dated 13th December, 2017 drawn on Andhra Bank, Mayur Vihar, Delhi. Respondent No.2 states that now 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 states that 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.

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. 443/2016 under Sections 498A/406/34 IPC registered at PS Bhajanpura, 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.

JANUARY 02, 2018 'vn'