Jitender Chaudhary& ORS v. NCT Of Delhi & ANR
$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 788/2019 JITENDER CHAUDHARY & ORS.
..... Petitioners Through:
Mr. M. K. Saroja and Mr. Vaibhav Prakash Shukla, Advocates with petitioners in person. versus STATE & ANR.
..... Respondents Through:
Ms. Kamna Vohra, ASC for the State.
Mr.
Malvinder Singh and Ms.
Akshita Aggarwal, Advocates with respondent No. 2 in person.
CORAM:
HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL
O R D E R
% 18.03.2019 Crl. M. A. No. 5754/2019 (Exemption) Exemption allowed, subject to all just exceptions. Application stands disposed of.
W. P. (Crl.) 788/2019 The present petition has been filed under Article 226 of the Constitution of India read with Section 482 Cr.P.C. seeking quashing of FIR No.0340/2017 under Sections 498A/406/34 of the Indian Penal Code registered at Police Station - Mahendra Park, New Delhi on the ground that a compromise has been arrived at between the parties in the matter.
Respondent No.2 is present in Court and is identified by her counsel. 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 MoU/Settlement Agreement dated 24.01.2018 recorded before Delhi High Court Mediation and Conciliation Centre. She further states that she has received the balance amount i.e. Rs.2,00,000/- (Rupees Two Lac Only) from the petitioners vide demand drafts
No. 415857 and 415865 dated 29.12.2018 and 10.01.2019 for Rs.1,00,000/- each drawn on Canara Bank, Fatehpur Beri towards full and final settlement and she does not wish to pursue the abovementioned FIR and the proceedings pursuant thereto.
Petitioners are also present in Court today.
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.0340/2017 under Sections 498A/406/34 of the Indian Penal Code registered at Police Station - Mahendra Park, New Delhi and proceedings pursuant thereto are hereby quashed.
The petition is disposed of.
SANGITA DHINGRA SEHGAL, J MARCH 18, 2019 gr Petitioner No.1 Respondent No. 2 Petitioner No.2 Petitioner No.3 Petitioner No.4