High Court of DelhiCRL.M.C./2705/2017

Hemant Sharma v. State NCT Of Delhi & ANR

2017-07-18Hon'Ble Ms. Justice Sangita Dhingra Sehgal2 pages

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2705/2017 HEMANT SHARMA ..... Petitioner Through:

Mr. Rakesh Sahajpal, Advocate with petitioner in person.

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

Mr. Ashok Kr. Garg, APP for State with SI Pradeep Kumar, PS Model Town.

Ms. Shikha Khandelwal, Advocate for R-2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 18.07.2017 The instant petition has been filed by the petitioner seeking quashing of FIR No.823/2015 registered under Sections 498A/406/34 IPC at PS Model Town, 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 with her own free will and choice without any threat, pressure for a total settlement amount of Rs.1,00,000/- as per order dated 30.01.2017. She further states that she has already received the part settlement amount of Rs.35,000/- from the petitioner and today she has received the amount of Rs.30,000/- from the petitioner vide DD No.965803 CRL.M.C. 2705/2017

dated 03.07.2017 in her favour and the remaining amount of Rs.35,000/- shall be paid by the petitioner at the time of filing decree during the second motion in terms of order dated 30.01.2017. Learned counsel for the respondent No.2 has no objection for the same. Heard. Allowed.

She further states that she 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.823/2015 registered under Sections 498A/406/34 IPC at PS Model Town, Delhi and proceedings pursuant thereto are hereby quashed.

The petition is disposed of.

SANGITA DHINGRA SEHGAL, J JULY 18, 2017 afa CRL.M.C. 2705/2017