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High Court of DelhiW.P.(CRL)/865/2019

Prashant Dixit & ORS v. The State (Govt. Of NCT Delhi) & ANR

2019-03-26Hon'Ble Ms. Justice Sangita Dhingra Sehgal2 pages

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 865/2019 PRASHANT DIXIT & ORS ..... Petitioners Through:

Ms.Meenu Jha, Adv versus THE STATE (GOVT. OF NCT DELHI) & ANR ..... Respondents Through:

Mr.Jamal Akhtar and Mr.Amanpreet Singh, Advs for Mr.Rahul Mehra, SC (Crl.) for State with Insp. Vijay Kumar ad ASI Suresh Kumar, PS Usman Pur Mr.Suraj Pal Singh, Adv for R-2

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 26.03.2019 CRL.M.A 6318/2019 (Exemption) Exemption is allowed subject to all just exceptions. Application stands disposed of.

W.P.(CRL) 865/2019 The instant petition has been filed by the petitioners seeking quashing of the FIR No. 928/2014 registered at PS New Usmanpur for the offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 (in short 'IPC'), 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 voluntarily in mediation at Karkardooma Courts on 02.05.2017. All the petitioners and Respondent No. 2 are present in person in Court today. They have been identified by the learned counsel for the petitioners and

Investigating Officer, respectively. Respondent No. 2/ Sweta states that she has settled the matter with the petitioners with her own free will and choice without any threat, pressure and coercion. As per compromise dated 02.05.2017, the matter was settled amicably for Rs. 6,00,000/- out of which Rs.4,00,000/- has already been received by respondent No. 2. Today, she has received final instalment of Rs.2,00,000/- (Two lakhs only) by way of two Demand Drafts Nos. 504789 and 504785 dated 13.03.2019 and 12.03.2019 respectively, in the sum of Rs.1,00,000/- each drawn on ICICI Bank, Connaught Place. She further submits that she does not wish to pursue the abovementioned FIR and the proceedings thereto.

Keeping in view the fact that the parties have amicably resolved their differences voluntarily and out of their own free will and without any coercion, pressure, no useful purpose will be served in continuance of the proceedings. 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. 928/2014 registered at PS New Usmanpur for the offences punishable under Sections 498A/406/34 IPC and proceedings pursuant thereto are hereby quashed.

The petition is disposed of.

Copy of this order be given dasti under the signature of the Court Master. SANGITA DHINGRA SEHGAL, J MARCH 26, 2019 SU