W.P.(CRL)/859/2018 of VIKAS MITTAL & ORS Vs THE STATE ( GOVT OF NCT OF DELHI) & ANR

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 859/2018

VIKAS MITTAL & ORS

.... Petitioner

Represented by: Mr. Achin Kashyap, Mr. Rajesh Kumar, Advs.

versus

THE STATE ( GOVT OF NCT OF DELHI) & ANR

..... Respondent Mr. Premsagar Pal, proxy Adv. for Mr. R.S. Kundu, ASC with ASI Devender Kumar PS Uttam Nagar. R-2 in person.

Represented by:

CORAM:HON'BLE MS. JUSTICE MUKTA GUPTA

O R R% 22.03.2018

Crl.M.A. 5345/2018

Exemption allowed subject to just exceptions.

W.P.(CRL) 859/2018

By the present petition the petitioners seek quashing of FIR No. 798/2014 under Sections 498A/406/323/506/34 IPC registered at PS Uttam 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 the learned Additional Standing Counsel for the State on instructions from Investigating Officer submits that in the above-noted FIR the 4 petitioners are the only accused and respondent No.2 the only complainant/ victim.

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W.P.(CRL) 859/2018

Respondent No. 2 is present in Court and is identified by the Investigating Officer. She states that she has settled the matter with the petitioners before the Principal Judge, Family Courts on 10[th] November, 2014 where after she has started living with the petitioners in the matrimonial home along with the minor daughter of the petitioner No.1 and respondent No.2 namely Mansi. She further states that she does not wish to pursue the above-noted FIR and the proceedings pursuant thereto and the same be quashed.

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.

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. 798/2014 under Sections 498A/406/323/506/34 IPC registered at PS Uttam Nagar, Delhi and proceedings pursuant thereto are hereby quashed. Parties have signed this order sheet in acknowledgment of their statements made before this Court.

W.P.(CRL) 859/2018

page 2 of 3

Petition is disposed of. Order dasti.

MARCH 22, 2018 ‘ga’

W.P.(CRL) 859/2018

MUKTA GUPTA, J.