Himanshu Bhaskar & ORS v. The State Govt Of NCT Of Delhi & ANR

39# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + HIMANSHU BHASKAR & ORS ..... Petitioners Represented by:

Mr. Ankit Sharma, Advocate with petitioner Nos. 2 to 5 in person.

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

Mr. Rajesh Mahajan, Additional Standing Counsel for State with SI Mohit, PS Patel Nagar.

Mr. Kailash K.Sharma, Advocate for respondent No. 2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 24.04.2018 By the present petition the petitioners seek quashing of FIR No.354/2015 under Sections 498A/406/34 IPC registered at PS Patel 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 Additional Standing Counsel for the State on instructions submits that in the above noted FIR the five 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, Tis Hazari Courts on 24th May, 2017, copy whereof is annexed as Annexure-B of the paper book. 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 ₹19 lakhs to respondent No.2 out of which she has already received a sum of ₹12 lakh and the balance amount of ₹7 lakhs has been received by her today in Court vide demand draft No.703080 dated 21st April, 2018 drawn on Bank of Baroda, Dwarka, Delhi. 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 and will abide by the terms of settlement.

Petitioner Nos. 2 to 5 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 the Delhi Mediation Centre, Tis Hazari Courts. Petitioner No. 1 is presently residing at Abu Dhabi and was present in Court on 22nd December, 2017 when he made his statement regarding the settlement and had signed the order sheet in acknowledgement of his statement. Thus he was exempted from appearing before this Court today.

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.354/2015 under Sections 498A/406/34 IPC registered at PS Patel Nagar, Delhi and proceedings pursuant thereto are hereby quashed.

Petitioner Nos. 2 to 5 and respondent No. 2 have signed this order sheet in acknowledgment of their statements made before this Court, petitioner No. 1 having already signed the order sheet on 22nd December, 2017.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

APRIL 24, 2018 'vn'