Atul Khurana & ANR v. The State Govt Of NCT Of Delhi & ANR

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ATUL KHURANA & ANR .... Petitioners Represented by:

Ms.Honey Taneja, Advocate versus THE STATE GOVT OF NCT OF DELHI & ANR .... Respondents Represented by:

Mr.Piyush Singhal for Mr.Ashish Aggarwal, ASC for the State with ASI Raghuraj, PS Mukherjee Nagar Mr.Lakshmi Narain, Advocate for respondent No.2

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 16.01.2018 Crl.M.A.805/2018 (Exemption) Allowed, subject to all just exceptions.

WP(Crl.) No.126/2018 By this petition the petitioners seek quashing of FIR No.1151/2014 under Sections 498A/406/34 IPC registered at PS Mukherjee 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 Additional Standing Counsel for the State on instructions from Investigating Officer submits that in the above-noted

FIR two petitioners are the only accused and respondent No.2 the only complainant.

Respondent No.2 is present in Court and is identified by the learned counsel and the Investigating Officer. She states that she has settled the matter with the Petitioner before the Delhi Mediation Centre, Rohini District Courts on 8th January, 2016 and pursuant to the settlement, both the petitioner No.1 and respondent No.2 are living together happily in a rented accommodation with their minor daughter and she has no grievance, thus, she does not wish to pursue the above-noted FIR and the proceedings pursuant thereto. She further states that she will abide by the term of the settlement agreement arrived at between the parties on 8th January, 2016 a copy whereof has been placed on pages 41 to 43 of the present petition. 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 the settlement agreement dated 8th January, 2016. 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.1151/2014 under Sections 498A/406/34 IPC registered at PS Mukherjee Nagar and proceedings pursuant thereto are

hereby quashed.

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 16, 2018 'rk'