High Court of DelhiCRL.M.C./1873/2016

Surya Kant Sharma & ORS v. Rakhi Sharma & ANR

2017-10-11Hon'Ble Ms. Justice Sangita Dhingra Sehgal2 pages

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1873/2016 SURYA KANT SHARMA & ORS.

..... Petitioners Through:

Mr. Amit Srivastava and Mr. Gopi Chand, Advocates with petitioners in person.

versus RAKHI SHARMA & ANR.

..... Respondents Through:

Ms. Anita, Advocate with respondent No. 1 in person.

Mr. Ashok Kumar Garg, APP for the State with ASI Suresh Kumar, PS-New Usmanpur.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 11.10.2017 The instant petition has been filed by the petitioners seeking quashing of FIR No. 38/2011 under Sections 498A/34 IPC registered at Police Station-New Usmanpur, Delhi, on the complaint of respondent No.1 and the proceedings pursuant thereto on the ground that the parties have resolved their disputes in terms of the settlement arrived at between them on 09.08.2011 before the Delhi Mediation Centre, Karkardooma Courts, New Delhi.

Respondent No. 1 is present in Court today and is identified by the Investigating Officer. She states that she has settled the matter with the petitioner with her own free will and choice without any threat, CRL.M.C. 1873/2016

pressure and coercion. She further submits that she has settled her dispute with petitioners as per the terms and conditions recorded on 09.08.2011 before the Delhi Mediation Centre, Karkardooma Courts, New Delhi and she does not wish to pursue the abovementioned FIR and the proceedings pursuant thereto.

She further submits that today, she has received Rs.2,00,000/- from the petitioners through a Demand Draft No. 502865 dated 17.08.2017 drawn on ICICI Bank, Connaught Place, New Delhi against all her claims. Statements of the parties have been recorded separately. In view of the fact that the parties have amicably resolved their differences voluntarily out of their own free will and without any coercion, pressure, and 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. 38/2011 under Sections 498A/34 IPC registered at Police Station-New Usmanpur, Delhi, and proceedings pursuant thereto are hereby quashed. The petition is disposed of.

SANGITA DHINGRA SEHGAL, J OCTOBER 11, 2017 gr CRL.M.C. 1873/2016