High Court of DelhiW.P.(CRL)/849/2019

Mohit Jain & ANR. v. The State(N.C.T Of Delhi) & ORS

2019-03-25Hon'Ble Ms. Justice Sangita Dhingra Sehgal2 pages

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 849/2019 MOHIT JAIN & ANR.

..... Petitioners Through:

Mr.A.K. Mishra, Advocate with petitioners in person.

versus THE STATE(N.C.T OF DELHI) & ORS ..... Respondents Through:

Ms.Richa Kapoor, ASC with Mr.Ashish Negi, Advocate for State with ASI Randhir Singh, PS Dabri.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 25.03.2019 Crl. M. A. No. 6242/2019 (Exemption) Exemption allowed, subject to all just exceptions. Application stands disposed of.

W.P.(CRL) 849/2019 The instant petition has been filed by the petitioners seeking quashing of FIR No.263/2017, under Section 308/34 IPC registered at Police Station Dabri, Delhi on the complaint of the complainant and the proceedings pursuant thereto on the ground that a compromise/settlement has been arrived at between the parties in the matter. Petitioners are present in person.

Amended memo of parties along with Amended Settlement Deed has been filed by the petitioners. Same is taken on record. Respondents No.2, 3 and 4 are present in Court today and are identified by the learned counsel and the Investigating Officer. They state

that they have settled the matter with the petitioners with their own free will and choice without any threat, pressure and coercion as per MoU/Amended Settlement Deed dated 25.03.2019. They further state that respondents no.2 and 3 have received Rs.50,000/- each in cash (Total Rs.1,00,000/-) towards full and final settlement. They further state that they do not wish to pursue the abovementioned FIR and the proceedings pursuant thereto. 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.263/2017, under Section 308/34 IPC registered at Police Station Dabri, Delhi and proceedings pursuant thereto are hereby quashed.

The petition is disposed of.

SANGITA DHINGRA SEHGAL, J MARCH 25, 2019 afa W.P.(CRL) 849/2019 2/2