High Court of DelhiCRL.M.C./2140/2017

Piyush Sahni & ORS v. State & ORS

2017-07-05Hon'Ble Ms. Justice Sangita Dhingra Sehgal2 pages

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2140/2017 PIYUSH SAHNI & ORS.

..... Petitioners Through:

Ms.

Ankita Gupta, Advocate with petitioners in person.

versus STATE & ORS.

..... Respondents Through:

Mr. Ashok Kumar Gupta, Advocate.

Ms. Poonam Mendiratta, Advocate for the respondent No. 2 with respondent in person.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 05.07.2017 Crl. M. A. 8784/2017 (Exemption) Exemption allowed, subject to just exceptions. Application stands disposed of.

CRL.M.C. 2140/2017 The instant petition has been filed by the petitioners seeking quashing of FIR No. 118/2013 under Sections 498A/406/34 IPC registered at PS Nanak Pura, 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 learned counsel and the Investigating Officer. She states that she has settled the matter with the petitioner in terms of settlement deed/MoU dated 20.09.2016. As per clause 3 of the settlement deed/MoU, the petitioner was CRL.M.C. 2140/2017

required to pay a sum of ₹51,00,000/- to the respondent No. 2 towards her claims of maintenance, istridhan, alimony, etc., out of which she has already received a sum of ₹34,00,000/- and the balance amount of ₹17,00,000/- has been received by her today in Court by way of Banker's Cheque No. 019131 dated 01.07.2017 drawn on HDFC Bank. She states that 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.

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. 118/2013 under Sections 498A/406/34 IPC registered at PS Nanakpura, Delhi and proceedings pursuant thereto are hereby quashed.

The petition is disposed of.

SANGITA DHINGRA SEHGAL, J JULY 05, 2017 / gr CRL.M.C. 2140/2017