High Court of DelhiW.P.(CRL)/936/2019

Ajay Pal Hooda & ANR. v. State & ORS.

2019-04-01Hon'Ble Ms. Justice Sangita Dhingra Sehgal2 pages

$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 936/2019 AJAY PAL HOODA & ANR.

..... Petitioners Through:

Mr. Gaurav Dua and Mr. Rajneesh Bhardwaj, Advocates.

versus STATE & ORS.

..... Respondents Through:

Ms.

Shivani Sharma, Advocate for Ms.Richa Kapoor, ASC for the State with SI Surender Singh, DIU/North West.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 01.04.2019 The instant petition has been filed by the petitioners under Articles 226 and 227 of the Constitution of India read with Section 482 of Code of Criminal Procedure seeking quashing of FIR No. 402/2018 under Sections 323/354/34 of the Indian Penal Code registered at Police Station - Mukherjee Nagar, Delhi 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.

Respondent No.2 is present in Court today and is identified by 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 Agreement dated 12.02.2019. She further states that she does not wish to pursue the abovementioned FIR and the proceedings pursuant thereto.

Petitioners are also present in Court today. Both parties submit that they shall abide by the terms and conditions of the Settlement Agreement dated 12.02.2019.

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. 402/2018 under Sections 323/354/34 of the Indian Penal Code registered at Police Station - Mukherjee Nagar, Delhi and proceedings pursuant thereto are hereby quashed.

The petition is disposed of.

SANGITA DHINGRA SEHGAL, J APRIL 01, 2019 gr Petitioner No. 1 Respondent No. 2 Petitioner No. 2 Respondent No. 3 Respondent No. 4