High Court of DelhiW.P.(CRL)/817/2019

Sunil & ORS v. State & ANR

2019-03-19Hon'Ble Ms. Justice Sangita Dhingra Sehgal2 pages

$~73 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 817/2019 SUNIL & ORS ..... Petitioners Through:

Ms.Ruchi Munjal, Adv versus STATE & ANR ..... Respondents Through:

Mr.Jamal Akhtar and Mr.Amanpreet Singh, Advs for Mr.Rahul Mehra, SC(Crl.) for State with SI Ashish Kumar, PS Gokulpuri, Delhi

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 19.03.2019 CRL.M.A. 5994/2019 (exemption) Exemption is allowed subject to all just exceptions. Application stands disposed of.

W.P.(CRL) 817/2019 The present criminal petition has been filed on behalf of the petitioners under Article 226 of the Constitution of India seeking quashing of the FIR No. 279/2017 registered at Police Station Gokul Puri Women Cell under Sections 498A, 406, 34 of the IPC. During the pendency of the FIR, the matter has been settled between the parties at Counselling Cell, Family Court, Karkardooma, Delhi, in the month of April, 2018, vide a Settlement Deed, a copy which is on record. Petitioner Nos. 1 to 4 and respondent No. 2 are present in person and have

been identified by the counsel for the petitioners and investigating officer, respectively. Petition No. 5/Vimlesh is bed ridden and not present in Court today and the complainant/respondent No. 2 does not press the presence of petitioner No. 5. Respondent No. 2/Kavita has received a balance amount of Rs.1,00,000/- from the petitioner No. 1/Sunil in lieu of full and final settlement 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. 279/2017 registered at Police Station Gokul Puri Women Cell under Sections 498A, 406, 34 of the IPC and proceedings pursuant thereto are hereby quashed. The petition is disposed of.

SANGITA DHINGRA SEHGAL, J MARCH 19, 2019 SU