High Court of DelhiCRL.M.C./2952/2017

Sunil Kumar & ANR v. State Of NCT Of Delhi & ANR

2017-08-01Hon'Ble Ms. Justice Sangita Dhingra Sehgal2 pages

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2952/2017 SUNIL KUMAR & ANR ..... Petitioners Through:

Mr. Pankaj Sinha, Advocate with all four petitioners are in person.

versus STATE OF NCT OF DELHI & ANR ..... Respondents Through:

Mr. Akshai Malik, APP for State with Investigating Officer.

Mr. Karan Kumar, Advocate for R-2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 01.08.2017 The instant petition has been filed by the petitioners seeking quashing of FIR No.390/2014 registered for the offences punishable under Sections 498A/406 IPC at Police Station-Delhi Cantt., 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 petitioners for a total settlement amount of Rs.3,25,000/- with her own free will and choice without any threat, pressure and coercion as per Mediation Order dated 07.01.2016. She further states that she has already received the part settlement amount of Rs.2,75,000/- from the petitioner No.1 and today she has received the balance amount of CRL.M.C. 2952/2017

Rs.50,000/- from the petitioner No.1 vide DD No.568202 dated 08.05.2017 drawn on Vijaya Bank. She further states that she has no claim whatsoever remaining against the petitioners and does not wish to pursue the abovementioned FIR and the proceedings pursuant thereto. A photocopy of demand draft is taken on record.

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.390/2014 registered for the offences punishable under Sections 498A/406 IPC at Police Station-Delhi Cantt., Delhi and proceedings pursuant thereto are hereby quashed. The petition is disposed of.

SANGITA DHINGRA SEHGAL, J AUGUST 01, 2017 afa CRL.M.C. 2952/2017