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High Court of DelhiW.P.(CRL)/2434/2016

Saroj Chawla And ORS v. Govt Of NCT Of Delhi And ANR

2016-08-22Hon'Ble Mr. Justice Vipin Sanghi2 pages

$~27.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2434/2016 SAROJ CHAWLA AND ORS ..... Petitioners Through:

Mr. P.P. Ahuja, Advocate along with petitioners in person.

versus GOVT OF NCT OF DELHI AND ANR ..... Respondents Through:

Mr. Sanjay Lao, ASC along with SI Arun Dahiya, PS-Rajinder Nagar, for the State.

Respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 22.08.2016 Crl.M.A. No.12842/2016 Exemption allowed, subject to all just exceptions. The application stands disposed of.

W.P.(CRL) 2434/2016 Issue notice. Mr. Lao accepts notice on behalf of the State. Respondent No.2 is present in Court in person and accepts notice. She has produced her passport as proof of her identity. Copy of the same has been retained on record.

This petition has been preferred to seek quashing of the FIR No.90/2011 registered at Police Station - Rajinder Nagar, New Delhi on the complaint of respondent No.2 under Section 498A/ 406/ 34 IPC. The petition is premised on a settlement arrived at between respondent No.2/ complainant and the petitioners. Under the settlement, the share of the respondent No.2 and her child in the property has been purchased by the petitioners. The entire consideration stands paid except Rs.20 Lakhs, which has been tendered in Court today by way of a cheque. Learned counsel for the petitioners states that the said cheque shall be honoured upon presentation without any default. Respondent No.2 states that subject to realisation of the aforesaid cheque, the FIR in question may be quashed. She states that she has entered into the settlement out of her own free will and without any coercion or undue influence.

In view of the aforesaid, no useful purpose would be served in proceeding further in the aforesaid FIR. The same stands quashed subject to realisation of the aforesaid cheque.

VIPIN SANGHI, J AUGUST 22, 2016 B.S. Rohella