Delhi High Court - Orders
Sachin Dahiya And Ors vs The State (Nct) Of Delhi And Anr on 26 August, 2021
Author: Mukta Gupta
Bench: Mukta Gupta
$~42
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 1986/2021
SACHIN DAHIYA AND ORS. ..... Petitioner
Represented by: Mr. Manish Tiwari, Adv.
versus
THE STATE (NCT) OF DELHI AND ANR. ..... Respondent
Represented by: Mr. Tarang Srivastava, APP for State
with SI laxman Chaudhary, PS
G.K.-I.
Mr. Sajal Dhamija, Adv. for R-2 with
Ms. Tanushree Goyal/ R-2 through
VC.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 26.08.2021 The hearing has been conducted through Video Conferencing. CRL.M.A. 13420/2021 Exemption allowed subject to just exception.
CRL.M.C. 1986/20211. By this petition the petitioners seek quashing of FIR No. 587/2014 under Sections 498-A/406/354/376/511/509/506/342/34 IPC registered at PS Greater Kailash, Part-I on the complaint of respondent No.2 on the ground that parties have entered into a settlement.
2. Learned APP for the State submits that in the above-noted FIR the four petitioners are the accused and respondent No.2 is the complainant, who is present through video conferencing and is also represented by power Signature Not Verified CRL.M.C. 1986/2021 Page 1 ofSigned Digitally 3 By:JUSTICE MUKTA GUPTA Signing Date:26.08.2021 20:30:14 of attorney holder i.e. her father.
3. Respondent No.2 who is present through video conferencing states that she has settled the matter with the petitioners before the family Court vide the settlement dated 22nd November, 2019. In terms of the settlement divorce by mutual consent has been granted between petitioner No.1 and respondent No.2. In lieu of all her claims of maintenance, istridhan, alimony, etc., respondent No.2 was to receive a total amount of ₹50 lakhs out of which she has already received ₹35 lakhs and the balance amount of ₹15 lakhs has been received by her father, who is her power of attorney through a bank draft, and 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 undertakes to abide by the terms of settlement arrived at between the parties.
4. Petitioners who are present through video conferencing 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. 587/2014 under Sections 498-A/406/354/376/ 511/509/506/342/34 IPC registered at PS Greater Kailash, Part-I, Delhi and Signature Not Verified CRL.M.C. 1986/2021 Page 2 ofSigned Digitally 3 By:JUSTICE MUKTA GUPTA Signing Date:26.08.2021 20:30:14 proceedings pursuant thereto are hereby quashed.
7. Petition is disposed of.
8. Order be uploaded on the website of this Court.
MUKTA GUPTA, J.
AUGUST 26, 2021 'ga' Signature Not Verified CRL.M.C. 1986/2021 Page 3 ofSigned Digitally 3 By:JUSTICE MUKTA GUPTA Signing Date:26.08.2021 20:30:14