Delhi High Court - Orders
Dharmendera And Ors vs State Of Govt. Of Nct Of Delhi on 23 August, 2021
Author: Mukta Gupta
Bench: Mukta Gupta
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1423/2021
DHARMENDERA AND ORS ..... Petitioners
Represented by: Mr.Shiv Kumar Gautam and
Mr.Rohit Gupta, Advocate with
petitioners present through video
conferencing.
versus
STATE OF GOVT. OF NCT OF DELHI ..... Respondent
Represented by: Mr.Piyush Singhal, Advocate for
Mr.Ashish Aggarwal, Additional
Standing Counsel for State with SI
Roshni, PS CAW Cell.
Ms.Shefali Menezes, Advocate for
respondent No.2 with respondent
No.2 present through video
conferencing.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 23.08.2021 The hearing has been conducted through Video Conferencing. CRL.M.A.13131/2021 (impleadment of petitioners)
1. By this application, petitioner Nos.4 and 5 sought to be impleaded in the present petition.
2. Application is disposed of taking the amended memo of parties on record.
W.P.(CRL) 1423/2021
1. In view of the fact that the amended memo of parties has been filed, writ petition is taken up for hearing today.
Signature Not Verified Digitally Signed By:JUSTICE MUKTA GUPTA W.P. (CRL.) 1423/2021 Page 1 of 3 Signing Date:23.08.2021 23:53:002. Date of 12th October, 2021 is cancelled.
3. By the present petition, petitioners seek quashing of FIR No.31/2019 under Sections 498A/354/34 IPC registered at PS CAW Cell, Nanak Pura, Delhi on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.
4. Mr.Piyush Singhal, learned counsel appearing on behalf of Mr.Ashish Aggarwal, learned Additional Standing Counsel for the State, submits that the five petitioners who have been impleaded by the amended memo of parties are the only accused and respondent No.2 the complainant/victim and no other person is involved.
5. Respondent No.2/complainant is present through video conferencing and is identified by the learned counsel and the Investigating Officer. She states that she has settled the matter with the petitioners before the Delhi Mediation Centre, Patiala House Court, New Delhi on 6th November, 2020, copy whereof is annexed as Annexure-2 to the present petition. In terms of the settlement divorce by mutual consent has been granted between the petitioner No.1 and respondent No.2 and in lieu of all her claims of maintenance, streedhan, alimony etc, the respondent No.2 was to receive a total sum of ₹1.50 lakhs (Rupees one lakh fifty thousand only), which amount she has already received. She states that there is now no claim whatsoever against the petitioners and she does not wish to pursue the above-noted FIR and the proceedings pursuant thereto and undertakes to abide by the terms of settlement arrived at between the parties.
6. 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.
Signature Not Verified Digitally Signed By:JUSTICE MUKTA GUPTA W.P. (CRL.) 1423/2021 Page 2 of 3 Signing Date:23.08.2021 23:53:007. 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.
8. Consequently, FIR No.31/2019 under Sections 498A/354/34 IPC registered at PS CAW Cell, Nanak Pura, Delhi and proceedings pursuant thereto are hereby quashed.
9. Petition is disposed of.
10. Order be uploaded on the website of this Court.
MUKTA GUPTA, J.
AUGUST 23, 2021 'vn' Signature Not Verified Digitally Signed By:JUSTICE MUKTA GUPTA W.P. (CRL.) 1423/2021 Page 3 of 3 Signing Date:23.08.2021 23:53:00