High Court of DelhiW.P.(CRL)/756/2019

Mansoor Ahmad & ORS v. The State & ANR

2019-03-14Hon'Ble Ms. Justice Sangita Dhingra Sehgal2 pages

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 756/2019 MANSOOR AHMAD & ORS.

..... Petitioners Through:

Mr. G. M. Rama and Molvi Aijaz Hussain, Advocates with petitioners in person.

versus THE STATE & ANR.

..... Respondents Through:

Mr. Rahul Mehra, Senior Standing Counsel (Crl.) with Mr. Chaitanya Gosain and Mr.Amanpreet Singh, Advocates and ASI Birendra Singh, PS-Jamia Nagar.

Respondent No. 2 in person.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 14.03.2019 Crl.M.A. No.5533/2019 (exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.

W.P.(CRL) 756/2019 The instant petition has been filed by the petitioners seeking quashing of FIR No. 734/2017, under Sections 406/498-A/34 of the Indian Penal Code registered at Police Station Jamia Nagar, Delhi on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that a compromise/settlement has been arrived at between the parties in the matter. Respondent No.2 is present in Court today and is identified by the Investigating Officer. She states that she has settled the matter with the petitioners with her own free will and choice without any threat, pressure

and coercion in terms of settlement/compromise recorded on 11.01.2019 before the Delhi Mediation Centre, Karkardooma Courts, Delhi. She further states that she does not wish to pursue the abovementioned FIR and the proceedings pursuant thereto.

Petitioners are also present in Court today. Both parties submit that they shall abide by the terms and conditions recorded on 11.01.2019. In view of the fact that the parties have amicably resolved their differences voluntarily and of their own free will and without any coercion, pressure, 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. 734/2017, under Sections 406/498A/34 of the Indian Penal Code registered at Police Station Jamia Nagar, Delhi and proceedings pursuant thereto are hereby quashed. The petition is disposed of.

SANGITA DHINGRA SEHGAL, J MARCH 14, 2019 / gr Petitioner No. 1 Petitioner No. 4 Petitioner No. 2 Petitioner No. 5 Petitioner No. 3 Petitioner No. 6 Respondent No. 2 Petitioner No. 4