Mohd. Daud & ORS v. The State ( Govt Of NCT Of Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1127/2019 MOHD. DAUD & ORS.

..... Petitioners Through: Mr. R. P. S. Bhatti, Advocate with petitioners in person.

versus THE STATE ( GOVT OF NCT OF DELHI) & ANR.

.....Respondents Through: Mr Piyush Singhal, Advocate for Mr.Ashish Aggarwal, ASC for the State with ASI Manveer Singh, PSGokul Puri.

Mr. Ashok Kumar, Advocate with 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. 8295/2019 (Exemption) Exemption allowed, subject to all just exceptions. Application stands disposed of.

W. P. (Crl) 1127/2019 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.131/2018 under Sections 498A/406/34 of the Indian Penal Code registered at Police Station - Gokal Puri, 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 Settlement Agreement dated 02.05.2017. Statement of the complainant/respondent No. 2 has already been recorded on 03.05.2017 before the Principal Judge, Family Court (North East), Delhi. Complainant/respondent No. 2 states that she has already received Rs.2,25,000/- (Rupees Two Lac Twenty Five Thousand Only) from the petitioners 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.131/2018 under Sections 498A/406/34 of the Indian Penal Code

registered at Police Station - Gokal Puri, 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. 7 Petitioner No. 3 Petitioner No. 8 Petitioner No. 4 Petitioner No. 9 Petitioner No. 5 Petitioner No. 10 Petitioner No. 6 Petitioner No. 11