Abhishek & ORS v. The State NCT Of Delhi & ANR

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 898/2019 ABHISHEK & ORS ..... Petitioners Through:

Mr.Tarun Kumar Khowli, Advocate with petitioner Nos.1 and 2 in person.

versus THE STATE NCT OF DELHI & ANR ..... Respondents Through:

Mr.Jamal Akhtar, Advocate for Mr.Rahul Mehra, Standing Counsel for State with SI Manjeet Kumar, PS Fatehpur Beri.

Mr.Davender Rathi, Advocate for R-2 with respondent no.2 in person.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 28.03.2019 Crl. M. A. No. 6570/2019 (Exemption) Exemption allowed, subject to all just exceptions. Application stands disposed of.

W.P.(CRL) 898/2019 The present petition has been filed under Article 226 of the Constitution of India read with Section 482 of Code of Criminal Procedure seeking quashing of FIR No.451/20196 under Sections 498A/406/34 of the Indian Penal Code registered at Police Station - Fatehpuri Beri, 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 the learned counsel and 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 arrived at with the petitioners on 28.08.2017 before the Mediation Centre, Saket Courts, New Delhi. Today, she has received a DD No. 430660 dated 05.03.2019 for Rs.1,00,000/- (Rupees One Lac Only)

drawn on Andhra Bank from the petitioners towards full and final settlement against all claims. She further states that she does not wish to pursue the abovementioned FIR and the proceedings pursuant thereto. Statements of the counsel for the petitioners and respondent No.2 have been recorded separately.

Petitioner Nos.1 and 2 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, of FIR No.451/20196 under Sections 498A/406/34 of the Indian Penal Code was registered at Police Station - Fatehpuri Beri, Delhi and proceedings pursuant thereto are hereby quashed.

The petition is disposed of.

SANGITA DHINGRA SEHGAL, J MARCH 28, 2019 afa Petitioner No.1 Respondent No. 2 Petitioner No.2 W.P.(CRL) 898/2019 2/2