The Court quashed FIR No. 127/2015 and subsequent proceedings under Sections 498A, 406, and 34 IPC. The order was granted because the parties had amicably settled the matter before the Delhi Mediation Centre, found no coercion, and continuation would serve no useful purpose.
Quashing of FIR No. 127/2015 and all proceedings thereunder.
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| Represented by: | ..... Petitioner Ms. Geeta, Adv. |
|
|---|---|---|
| versus | ||
| STATE (NCT OF | DELHI) & ORS Represented by: |
..... Respondent Mr. Ashok Kr. Garg, APP with SI Sanjeev Kumar PS Vivek Vihar. |
| Mr. S.K. Sharma, Adv. for R-2. |
CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA
O R D E R % 03.05.2017
By the present petition the petitioners seek quashing of FIR No. 127/2015 under Sections 498A/406/34 IPC registered at PS Vivek Vihar, 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 five petitioners are the only accused and respondent No.2 the only complainant/ victim.
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 CRL.M.C. 647/2017 page 1 of 3
matter with the petitioners before the Delhi Mediation Centre, Karkardooma Courts on 7th September, 2016 pursuant whereto she is living with her husband the petitioner No.1 and their children at a rented accommodation in Delhi from 14th September, 2016. She states that she has now no cause of grievance and will abide by the terms of settlement arrived at between the parties on 7th September, 2016. She states that she 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 dated 7th September, 2016 arrived at before the Delhi Mediation Centre, Karkardooma Courts copy whereof is annexed as Annexure B from pages 46 to 49 of the paper book.
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. 127/2015 under Sections 498A/406/34 IPC registered at PS Vivek Vihar, Delhi and proceedings pursuant thereto are hereby quashed.
Parties have signed this order sheet in acknowledgment of their statements made before this Court.
page 2 of 3
CRL.M.C. 647/2017
Petition is disposed of. Order dasti.
MUKTA GUPTA, J.
MAY 03, 2017 ‘ga’
CRL.M.C. 647/2017 page 3 of 3
1 issue framed by the court
Whether FIR No. 127/2015 and proceedings under Sections 498A/406/34 IPC should be quashed upon settlement.
Laxmi Narain Arora & Ors
State (NCT of Delhi)
Respondent No.2
Mukta Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
