Azad Singh & ORS v. The State ( NCT Of Delhi) & ANR
$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 923/2019 AZAD SINGH & ORS ..... Petitioners Through:
Mr.Ashok Dahiya, Advs versus THE STATE ( NCT OF DELHI) & ANR ..... Respondents Through:
Ms.Richa Kapoor, ASC with SI Prakash Kashyap, PS Chhawala Mr.Rohit Kumar, Adv for R-2
CORAM:
HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL
O R D E R
% 29.03.2019 CRL.M.A. 6702/2019 (exemption) Exemption is allowed subject to all just exceptions. Application stands disposed of.
W.P.(CRL) 923/2019 The instant petition has been filed by the petitioners seeking quashing of the FIR No. 424/2013 registered at PS Chhawala for the offences punishable under Section 323/406/506 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. All the petitioners and respondent No. 2 are present in Court today and have been identified by the learned counsel for the petitioners 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. Today, she has received final instalment by way of demand draft of Rs. 1,40,000/-, bearing No. 263079, dated 26.03.2019, drawn on SBI, Rohini, Delhi. She further submits that she does not wish to pursue the abovementioned FIR and the proceedings thereto.
petitioners undertake to abide by the terms of the MOU dated 21.08.2018. 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. 424/2013 registered at PS Chhawala for the offences punishable under Section 323/406/506 IPC and proceedings pursuant thereto are hereby quashed. The petition is disposed of.
SANGITA DHINGRA SEHGAL, J MARCH 29, 2019 SU Petitioner No. 1 Petitioner No. 2 Petitioner No. 3 Petitioner No. 4 Petitioner No. 5 Petitioner No. 6 Petitioner No. 7 Petitioner No. 8 Petitioner No.9 Respondent No. 2