Imran Khan v. State Of Delhi & ANR

$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI + IMRAN KHAN ..... Petitioner Through:

Ms.

Nandini Sahni, Advocate with petitioner in person.

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

Mr. Ashok Kr. Garg, APP for State with SI Mahendra, PS Keshav Puram.

Respondent No.2 in person with Advocate.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 24.07.2017 CRL.M.A. 11661/2017 (exemption) Allowed, subject to all just exception.

Application stands disposed of.

The instant petition has been filed by the petitioners seeking quashing of FIR No.835/2015 registered under Sections 498-A/406/417/34 IPC at P.S. Keshav Puram, 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. She states that she has settled the matter with the petitioners

for a total settlement amount of Rs.15,00,000/- as per MOU/Compromise Deed dated 14.10.2016. She further states that she has already received the part settlement amount of Rs.10,00,000/- from the petitioner No.1 and today she has received the balance amount of Rs.5,00,000/- from the petitioner No.1 through Banker‟s Cheque No.472956 drawn on Bank of Baroda, Safdarjung Hospital, New Delhi dated 11.07.2017 in her favour. She further 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.

Learned APP for State submits that the accused namely Pasha Ali Khan has not been made party to the present case. Ms. Nandni Sahni, Advocate for the petitioner No.1 submits that she is also representing the petitioner No.2 in the present matter and she is competent to sign the statement before this Court on his behalf. Amended memo of parties has been filed on behalf of the petitioners. Same is taken on record.

Statements of the petitioner No.1 as well as respondent No.2 and counsel for the petitioner No.2 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.835/2015 registered under Sections 498-A/406/417/34 IPC at P.S. Keshav Puram, Delhi and proceedings pursuant thereto are hereby quashed.

The petition is disposed of.

SANGITA DHINGRA SEHGAL, J JULY 24, 2017 afa