{ \ I 15* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C.272/20L1 & Crl.M.A. No.1090/2011 RANIL KHURANA & ORS ..... PCtitiONCrS Through : Mr. S.K. Mittal, Adv. for P-1 & 3 to 9 with petitioners No.1 & 3 in person. Mr. A.K. Mishra, Adv. for P-2 with petitioner No.2/complainant in person. VCTSUS STATE ..... Respondent Through : Mr. M.N. Dudeja, APP for State with ! Investigati n g Officer. CORAM: HON'BLE MS. JUSTICE HIMA KOHLI ORDER 31.0r.20tr 1. The present joint petition is filed by the petitioners under Section 482 Cr.P.C. praying inter alia for quashing of FIR No.1029/2007 lodged by petitioner No.2/complainant, against her husband, petitioner No.1, -J and his family membersl petitioners No.3 to 9, under Sections 49BA/406/34 IPC, registered with PS Sultanpuri, Delhi, and all proceedings a rising therefrom. cRL. M.C. 272/2011. Page I of 4 o/o Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified 2. It is the case of the parties that the marriage of petitioner No.1 and petitioner No.2/complainant was solemnized on 16.2.2003 at Delhi aS per Hindu customs, rites and ceremonies. However, there Was no issue born from out of the wedlock. On 1.2.2007, petitioner No.2/complainant left the matrimonial home due to some temperamental differences between the parties, which was followed by lodging of the aforesaid FIR by petitioner No.2 against petitioners No.1 and 3 to 9 on 24.6.2OO7. On 2.6.2O1O, petitioner No.2/complainant filed a petition under Section 13(a) of the Hindu Marriage Act, 1955. In the course of the aforesaid proceedings, the parties arrived at a settlement before the Mediation Centre, Rohini District Courts, as recorded in the proceedings dated t7.5.2010 (Annexure-A). 3. It is stated by the counsel for the petitioners that as per the settlement arrived at between the parties, petitioner No.1 agreed to pay a sum of {1,00,000/- to petitioner No.2/complainant in full and final settlement of all her claims against the petitioners. He submits that a sum of {50,000/- has already been paid to her and today he hands over to her, through counsel, a Pay Order bearing No.006900 dated 8.1.2011 drawn on HDFC Bank Ltd., Rohini Sec.5, Delhi, in favour of petitioner No.2 in the sum of <50,000/-, which is .duly accepted by her. He further submits that all the cases filed by cRL. M.C. 272/20LL Page 2 of 4 9 petitioner No.1 and petitioner No.2/complainant against each other and members of their families have been withdrawn by them. It is further submitted that a decree of divorce was passed on 16'.12.2O1O' when petitioners No.1 & 2 filed a joint petition for divorce by mutual consent (Annexure-D). He therefore seeks quashing of the present FIR. 4. Petitioner. No.2/complainant, who is present in Court and is represented through counsel, confirms the aforesaid position and states that she has arrived at the aforesaid settlement with the petitioners of her own free will and volition and without any undue influence or coercion from any quarter. She states that in view of the aforesaid settlement arrived at between the parties, she has no objection to the prayer made in the present petition being allowed. 5. Learned APP for the State, on instruction from the Investigating Officer, confirms the fact that the parties have arrived at a settlement. H€, therefore, does not oppose the prayer made in the present petition. 6. This Court has heard counsels for the parties. In view of the submission made by petitioner No.2/complainant and in view of the fact that the parties have arrived at a settlement of their own free will and volition and without any undue influence or coercion from any CRL.V1.C.272/20L1 Page 3 of 4 \ I quarter, no useful purpose will be served by proceeding further with the aforesaid FIR and the proceedings arising therefrom. 7. Accordingly, the prayer made in the petition is allowed and FIR No.1029/2007 lodged by the petitioner No.2/complainant with PS Sultanpuri, Delhi and all proceedings arising therefrom are quashed. B. The petition is disposed of along with the pending application. File be consigned to the record room. HIMA KOHLI,] JANUARY 31,2011 sk cRL. M.C. 272/20Ir Page 4 of 4 I