Mohd. Siraj & ORS. v. State & ANR.

$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1122/2019 MOHD. SIRAJ & ORS.

..... Petitioners Through:

Mr. Deepak Kumar Srivastav and Mr. Anil Kumar Tripathi, Advocates with petitioners in person.

versus STATE & ANR.

..... Respondents Through:

Mr. Sanjay Lao, Additional Standing Counsel with ASI Usha, PS-Mundka.

Respondent No. 2 in person.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 22.04.2019 Crl. M. A. No. 8269/2019 (Exemption) Exemption allowed, subject to all just exceptions. Application stands disposed of.

W. P. (Crl) 1122/2019 The present petition has been filed under Article 226 of the Constitution of India read with Section 482 Cr.P.C. seeking quashing of FIR No.0206/2018 under Sections 498A/406/34 of the Indian Penal Code registered at Police Station - Mundka, Delhi on the ground that parties have resolved their issues amicably. Respondent No.2 is present in Court and is identified by the Investigating Officer, who is also present in Court today. 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 conditions dated 03.10.2018 recorded before the learned Family Court, Tis Hazari Court, Delhi and a joint statement of the petitioner No. 1 and complainant/respondent No. 2 has already been recorded on 15.10.2018 before the Additional Principal Judge, Family Court (West), Delhi. Complainant/respondent No. 2 states that she has already received Rs.4,00,000/-

(Rupees Four Lacs Only) from the petitioners. Today, she has received balance amount of Rs.2,00,000/- (Rupees Two Lac Only) from the petitioners vide demand draft No. 467156 dated 12.04.2019 drawn on Kotak Mahindra Bank, Yamuna Vihar, Delhi towards full and final settlement and she does not wish to pursue the abovementioned FIR and the proceedings pursuant thereto. Petitioners 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, FIR No.0206/2018 under Sections 498A/406/34 of the Indian Penal Code registered at Police Station - Mundka, Delhi and proceedings pursuant thereto are hereby quashed.

The petition is disposed of.

SANGITA DHINGRA SEHGAL, J APRIL 22, 2019 / gr Petitioner No. 1 Respondent No. 2 Petitioner No. 2 Petitioner No. 3 Petitioner No. 4