Yashpal & ORS v. The State & ANR
$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + YASHPAL & ORS ..... Petitioners Represented by:
Mr.Jitender Ratta and Mr.Sunny Dahiya, Advocates versus THE STATE & ANR ..... Respondents Represented by:
Ms.Kamna Vohra, ASC for the State with SI Pankaj, PS Shalimar Bagh Mr.Manjeet Kumar Chahal, Advocate for R-2
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
O R D E R
% 18.12.2018 Crl.M.A.No.50023/2018 Allowed subject to just exceptions.
W.P.(Crl.) No.3841/2018 1.
By this petition, the petitioners seek quashing of FIR No.63/2017 under Sections 498A/406/509/34 IPC registered at PS Shalimar Bagh, Delhi on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. 2.
Learned Additional Standing Counsel for the State on instructions submits that in the above noted FIR the three 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 Investigating Officer states that she has settled the matter with the petitioners before the Counselling Cell, Family Courts, Rohini copy whereof is annexed as Annexure-C to the present petition pursuant whereto 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 ₹24,50,000/- to respondent No.2 out of which she has already received a sum of ₹15,00,000/- and the balance amount of ₹9,50,000/- has been received by her today in Court vide two Cheques. One bearing No.000005 drawn on HDFC Bank in the sum of ₹5,00,000/- and the second bearing No.
465874 drawn on Punjab National Bank in the sum of ₹4,50,000/-. 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 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.63/2017 under Sections 498A/406/509/34 IPC registered at PS Shalimar Bagh, Delhi and proceedings pursuant thereto are hereby quashed.
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.
DECEMBER 18, 2018 mamta