High Court of DelhiW.P.(CRL)/1069/2019

Jitendra Kumar @ Bunty & ANR. v. State & ANR.

2019-04-12Hon'Ble Ms. Justice Sangita Dhingra Sehgal2 pages

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1069/2019 JITENDRA KUMAR @ BUNTY & ANR.

..... Petitioners Through:

Mr. Baldev Raj, Mr. S. S. Tyagi and Ms.Shikha Tyagi, Advocates.

versus STATE & ANR.

..... Respondent Through:

Mr. Piyush, Proxy Counsel for Ms. Nandita Rao, ASC (Crl.) with SI Kiran, Police Station - Bindapur.

Mr. Deepak Gupta and Mr. Tarun Kumar Makhija, Advocates with respondent No. 2 in person.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 12.04.2019 Crl. M. A. No. 7893/2019 (Exemption) Exemption allowed, subject to just exception. Application stands disposed of.

W. P. (Crl.) 1069/2019 The instant petition has been filed by the petitioners seeking quashing of the FIR No. 11/2014 under Sections 498A/406/34 of the Indian Penal Code registered at Police Station - Bindapur, Delhi on the complaint of respondent No.2 on the ground that both the parties have arrived at a compromise/settlement amicably.

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 and agreed to accept Rs.6,00,000/- (Rupees Six Lac Only) from the petitioners towards all her claims. Today, the complainant/respondent No. 2 has received the balance amount of Rs.1,00,000/- (Rupees One Lac Only) from the petitioners through a Demand Draft No. 001500 dated 10.04.2019 drawn on IDBI Bank, Uttam Nagar, Delhi. Respondent No. 2 submits that she do not wish to pursue the above mentioned 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. 11/2014 under Sections 498A/406/34 of the Indian Penal Code registered at Police Station - Bindapur, Delhi and proceedings pursuant thereto are hereby quashed.

The petition stands disposed of.

SANGITA DHINGRA SEHGAL, J APRIL 12, 2019 gr Petitioner No. 1 Respondent No. 2 Petitioner No. 2