Full Text
W.P.(CRL)1685/2021
SR.MANISH KUMAR «fe ORS. Petitioner Represented by: Mr. Rakesh Beniwal,Advocate along with Petitioners in person.
Represented by: Mr. Amit Peswani,Advocate for
Ms.Nandita Rao,ASC for the State with ASI Shamsher Singh,PS Aman
Vihar.
Mr.S.K. Sangwan,Advocate for R-2 with R-2 in person.
06.09.2021 The hearing has been conducted through Physical Mode.
ORDER
1. Exemption allowed subjecttojust exceptions.
2. Application is disposed of. W.P.(CRL)1685/2021
1. By this petition, the petitioners seek quashing of FIR No.124/2019, under Sections 323/354/506/34 IPC, registered at PS Aman Vihar on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground thatthe parties have settled the matter.
2. Mr. Amit Peswani, Advocate appearing on behalf of Ms. Nandita Rao,leamed Additional Standing Counsel for the State on instmctions from W.P.(CRL)1685/2021 Page I of[3] 2021:DHC:4491 •2^ Investigating Officer submits that in the above-noted FIR the three petitioners are the accused and respondent No.2 is the only complainant/ victim and that the above noted FIR is the outcome of the matrimonial dispute between the petitioner No.l and the respondent No.2.
3. Respondent No.2 who is physically present in Court and identified by the learned counsel states that she has settled the matter with the petitioners vide Settlement Deed dated lO'"' July, 2019, copy whereof is annexed as Annexure P-2 to the present petition. In terms ofthe settlement arrived at between the parties, the petitioner No.l and the respondent No.2 have been granted divorce by mutual consent and in lieu of all her claims towards streedhan, maintenance, alimony etc., respondent No.2 was to receive a total sum of?8,50,000/-, out ofwhich,she has already received a sum of?7,00,000/- and the balance amountof?1,50,000/- has been received by her today in Court vide a Demand Draft No.000466,dated 21 August, 2021,drawn on Axis Bank Ltd.,Sector 8 Rohini,Delhi. She states that she has now no claim whatsoever against the petitioners and does not wish to pursue the above-noted FIR and the proceedings pursuant thereto. She undertakesto abide by the terms ofsettlement arrived atbetween the parties.
4. Petitioners who are physically present in Court and are identified by the learned counsel affirm the statement ofrespondent No.2 and undertake to abide by the terms ofsettlement.
5. In view of the fact that the parties have amicably resolved their differences oftheir own free will, volition and without any coercion and no useful purpose will be served in continuance ofthe proceedings,rather the same would create further acrimony between them, it would be in the interest ofjustice to quash the abovementioned FIR and the proceedings W.P.(CRL)1685/2021 ^"fi pursuant thereto. There is no legal impediment in quashing the FIR in question.
6. Consequently,FIR No.124/2019,under Sections 323/354/506/34 IPG, registered at PS Aman Vihar and proceedings pursuant thereto are hereby quashed.
7. Petition is disposed of.
8. Order be uploaded on the website ofthis Court.
MUKTA GUPTA,J. SEPTEMBER 6,2021 vk