High Court of DelhiCRL.M.C./1666/2019

Azad Singh v. The State ( NCT Of Delhi) & ANR

2019-04-11Hon'Ble Ms. Justice Sangita Dhingra Sehgal2 pages

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1666/2019 AZAD SINGH ..... Petitioner Through:

Mr.Ashok Kumar Dahiya, Adv with petitioner versus THE STATE ( NCT OF DELHI) & ANR ..... Respondents Through:

Mr.G.M. Farooqui, APP for State with SI Vinod Kumar, PS Narela Mr.Rohit Kumar and Mr.Prateek Chauhan, Advs for R-2 with R-2

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 11.04.2019 CRL.M.A. 6694/2019 (exemption) Exemption is allowed subject to all just exceptions. Application stands disposed of.

CRL.M.C. 1666/2019 The instant petition has been filed by the petitioner seeking quashing of the FIR No. 439/2004 registered at PS Narela, Delhi for the offences punishable under Section 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 in the matter vide Memorandum of Understanding dated 21.08.2018.

The petitioner and respondent No. 2 are present in Court today and

have been identified by the learned counsel for the petitioner and Investigating Officer, respectively. Respondent No.2 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 MOU dated 21.08.2018, according to which petitioner No. 1 had agreed to pay a sum of Rs.10,00,000/- in full and final settlement of all the claims and complaints. She has already received the full amount. 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, the FIR No. 439/2004 registered at PS Narela, Delhi for the offences punishable under Section 498A/406/34 IPC and proceedings pursuant thereto are hereby quashed.

The petition is disposed of.

SANGITA DHINGRA SEHGAL, J APRIL 11, 2019 SU Petitioner Respondent No. 2