Monika & ORS. v. State & ANR.

$~68 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MONIKA & ORS.

..... Petitioner Represented by:

Mr. Pavan Kumar, Mr. Pravendra Kumar, Advs.

versus STATE & ANR.

..... Respondent Represented by:

Ms. Richa Kapoor, ASC with ASI Pradeep Kumar PS Faehpur Beri.

Mr. Amjad Hussain, Mr. Pritpal Singh, Mr. Ajay Kr. Singh, Advs. for R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 19.12.2018 Crl.M.A. 50218/2018 Exemption allowed subject to just exceptions. By the present petition the petitioners seek quashing of FIR No. 240/2018 under Sections 380/406/420/417/419 IPC registered at PS Fatehpur Beri, 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 from Investigating Officer submits that in the above-noted FIR the 10 petitioners are the accused and respondent No.2 the complainant/ victim.

Respondent No. 2 is present in Court and is identified by the learned counsel. He states that he has settled the matter with the petitioners, with petitioner No.1 being his wife who was earlier married when he married the respondent No.2 and he has settled the matrimonial dispute with the petitioner No.1 vide the memorandum of understanding dated 14th August, 2018 copy whereof is annexed as Annexure P-2 to the present petition. Thus he does not wish to pursue the above-noted FIR and the proceedings pursuant thereto. He undertakes to abide by the terms of settlement arrived at between the parties.

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 memorandum of understanding dated 14th August, 2018 arrived at between the parties.

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.

240/2018 under Sections 380/406/420/417/419 IPC registered at PS Fatehpur Beri, Delhi 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.

DECEMBER 19, 2018 'ga'