Mohd Arif & ANR v. The State & ANR

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2595/2017 MOHD ARIF & ANR ..... Petitioners Through:

Mr. Narender Kumar, Advocate with petitioners in person.

versus THE STATE & ANR ..... Respondents Through:

Mr. Mukesh Kumar, APP for State with SI Randhir Singh, PS Neb Sarai.

Respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 17.07.2017 CRL.M.A. 10817/2017 (exemption) Allowed, subject to all just exception.

Application stands disposed of.

CRL.M.C. 2595/2017 The instant petition has been filed by the petitioners seeking quashing of FIR No.317/2015 registered under Sections 323/354/354B/34 IPC at PS Neb Sarai, South District, New 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 Investigating Officer. She states that she has settled the matter with the petitioners for a total settlement amount of Rs.50,000/- as per Mediation CRL.M.C. 2595/2017

Settlement dated 07.02.2017. She further states that she has already received a sum of Rs.25,000/- from the petitioners and today she has received balance amount of Rs.25,000/- from the petitioners before this Court. 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.

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.317/2015 registered under Sections 323/354/354B/34 IPC at PS Neb Sarai, South District, New Delhi and proceedings pursuant thereto are hereby quashed. The petition is disposed of.

SANGITA DHINGRA SEHGAL, J JULY 17, 2017 afa CRL.M.C. 2595/2017