CRL.M.C./390/2017 of VIKAS PATHAK & ORS. Vs THE STATE (GOVT. OF NCT OF DELHI ) & ANR.

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 390/2017

VIKAS PATHAK & ORS.

..... Petitioner

Represented by: Mr. Imran Khan, Mr. R.R. Sharma, Advs.

versus

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

..... Respondent

Represented by: Mr. Ashok Kr. Garg, APP with SI Sunita PS Darya Ganj.

Mr. Sunil Kumar Adv. for R-2.

CORAM:HON'BLE MS. JUSTICE MUKTA GUPTA

O R R% 31.01.2017

Crl.M.A. 1742/2017

Exemption allowed subject to just exceptions.

CRL.M.C. 390/2017

By the present petition the petitioners seek quashing of FIR No. 14/2012 under Sections 498A/406/34 IPC registered at PS Darya Ganj, 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 on instructions from Investigating Officer submits that in the above-noted FIR the three petitioners are the only accused and respondent No.2 the only complainant/ victim.

CRL.M.C. 390/2017

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 petitioners in terms of the settlement deed dated 8[th]February, 2013 where after both the petitioner No.1 and respondent No.2 are living together in separate accommodation away from the other family members happily since 16[th] December, 2013. Since the petitioners have complied with their undertaking and assure that they will give her no cause of grievance, the complainant/ respondent No.2 does not wish to pursue the above-noted FIR and the proceedings pursuant thereto.

The petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and state that they will abide by the terms of settlement arrived at between the parties on 8[th]February, 2013.

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. 14/2012 under Sections 498A/406/34 IPC registered at PS Darya Ganj, Delhi and proceedings pursuant thereto are hereby quashed.

Parties have signed this order sheet in acknowledgment of their statements made before this Court.

CRL.M.C. 390/2017

page 2 of 3

The petition is disposed of. Order dasti.

JANUARY 31, 2017 ‘ga’

CRL.M.C. 390/2017

MUKTA GUPTA, J.