Amit Jain & ORS v. State & ANR

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 527/2017 AMIT JAIN & ORS ..... Petitioner Through:

Mr. Nitin Mangla, Adv.

versus STATE & ANR ..... Respondent Through:

Mr. Rajesh Mahajan, ASC with Mr.

Peeyush Bhatia, Adv for State with SI Vijay Kumar Mr. Sahil Munjal, Varun Mittal and Rhea Gandhi for R-2

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 17.02.2017 The petitioners have filed the present petition seeking quashing of FIR No.1436/2014 registered on the complaint of the complainant under Sections 498A/ 406/ 34 IPC against the petitioners at Police Station Prashant Vihar.

The complainant is present in Court. She is identified by the Investigating Officer.

It is pointed out by Mr. Mahajan that the accused nos.3 and 5 have wrongly been named. They should be read as Pushpa Rani and Reema Jain.

Counsel for the petitioner states that he shall file the amended memo of parties during the course of the day.

The complainant states that she does not wish to pursue against any of the petitioners including Pushpa Rani and Reema Jain. The parties have arrived at a settlement which has been placed on record. Under the settlement, out of the total settlement amount of Rs.55 lakhs, the complainant has already received an amount of Rs.10 lakhs. The balance amount of Rs.45 lakhs has been tendered to her in Court today by way of pay order. The complainant states that she has not been subjected to any pressure or coercion and that she has entered the settlement out of her own free will. The complainant further states that she joins the prayer for quashing of the FIR in question.

Accordingly, no useful purpose would be served in proceeding further with the FIR in question and the proceedings emanating therefrom. The same are hereby quashed.

It shall be open to the complainant to encash the FDR. Dasti.

VIPIN SANGHI, J FEBRUARY 17, 2017 sr