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High Court of DelhiCRL.M.C./2924/2017

Amit Jain & ORS v. State (NCT Of Delhi) & ANR

2017-08-04Hon'Ble Ms. Justice Sangita Dhingra Sehgal2 pages

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2924/2017 AMIT JAIN & ORS ..... Petitioners Through:

Mr. Rajiv K. Garg & Mr. Ashish Garg, Advocates with all five petitioners are in person.

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

Mr. Akshai Malik, APP for State with W/ASI Santosh, PS South, Rohini.

Mr. R.K. Jain Advocate for R-2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 04.08.2017 The instant petition has been filed by the petitioners seeking quashing of FIR No.696/2015 for the offences punishable under Sections 498A/406/34 IPC registered at Police Station-Rohini North West, 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.10,00,000/- with her own free will and choice without any threat, pressure and coercion. She further states that she has already received the part settlement amount of Rs.5,00,000/- from the petitioner No.1 and today CRL.M.C. 2924/2017

she has received the balance amount of Rs.5,00,000/- through Demand Draft No.452629 dated 02.08.2017 drawn on Oriental Bank of Commerce, Uttatm Nagar Branch, Delhi from the petitioner No.1. 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.696/2015 for the offences punishable under Sections 498A/406/34 IPC registered at Police StationRohini North West, Delhi and proceedings pursuant thereto are hereby quashed.

The petition is disposed of.

SANGITA DHINGRA SEHGAL, J AUGUST 04, 2017 afa CRL.M.C. 2924/2017 Page No. 2 of 2