High Court of DelhiCRL.M.C./1235/2017

Vishal Verma & ORS v. State & ANR

2017-08-23Hon'Ble Ms. Justice Sangita Dhingra Sehgal2 pages

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1235/2017 VISHAL VERMA & ORS ..... Petitioners Through:

Mr.Yatendra Nagar, Adv.with Petitioners in person.

versus STATE & ANR ..... Respondents Through:

Mr.Akshai Malik, APP for the State with SI Praven Kumar from police station-Mandawali, Delhi.

Respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 23.08.2017 The instant petition has been filed by the petitioners seeking quashing of FIR No.346/2014 for the offences punishable under Sections 376/420/506 IPC registered at police station-Mandawali Fazalpur, 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 in the matter.

Respondent No. 2 is present in Court today and is identified by the the Investigating Officer. She states that she has settled the matter with the petitioner as per Joint statement made on 18.10.2016 before Principal Judge, Family Court, East, Vishwas Nagar, Delhi. As per said joint statement, the petitioners were required to pay a sum of ₹1,00,000/- to the respondent CRL.M.C. 1235/2017

No. 2 at the time of quashing the FIR. She states that today she has received Rs.1,00,000/- (Rupees One Lakh only) and now she has no claim whatsoever remaining against the petitioner and does not wish to pursue the abovementioned FIR and the proceedings pursuant thereto. Statements of the parties have been recorded separately.

The FIR in the present case has been registered under Sections 376/420/506 IPC. 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. However, FIR No.346/2014 for the offences punishable under Section 376 IPC is being quashed in view of the peculiar facts and circumstances of the case and shall not been treated as precedent for quashment of other cases under Section 376 IPC. Consequently, FIR No.346/2014 for the offences punishable under Sections 376/420/506 IPC registered at police stationMandawali Fazalpur, Delhi and proceedings pursuant thereto are hereby quashed.

The petition is disposed of.

SANGITA DHINGRA SEHGAL, J AUGUST 23, 2017/ssc CRL.M.C. 1235/2017