High Court of DelhiCRL.M.C./2803/2017

Nayanima Basu v. State & ANR

2017-07-24Hon'Ble Ms. Justice Sangita Dhingra Sehgal2 pages

$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2803/2017 NAYANIMA BASU ..... Petitioner Through:

Mr.

Jitendra Yadav, Advocate with petitioner in person.

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

Ms. Aashaa Tiwari, APP for State with SI Ashwani Kumar Chaudhary, PS Pandav Nagar.

Respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 24.07.2017 CRL.M.A. 11587/2017 (exemption) Allowed, subject to all just exception.

Application stands disposed of.

CRL.M.C. 2803/2017 The instant petition has been filed by the petitioner seeking quashing of FIR No.267/2016 registered under Sections 279/337 IPC at P.S. Pandav Nagar, 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. He states that she has settled the matter with the CRL.M.C. 2803/2017

petitioner for a total settlement amount of Rs.20,000/- as per Settlement/Compromise Deed dated 11.07.2017. He further states that he has already received the part settlement amount of Rs.10,000/- from the petitioner and today he has received the balance amount of Rs.10,000/- from the petitioner vide cheque No.166901 drawn on ICICI Bank, Shanti Niketan Branch, New Delhi dated 24.07.2017. 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.267/2016 registered under Sections 279/337 IPC at P.S. Pandav Nagar, Delhi and proceedings pursuant thereto are hereby quashed.

The petition is disposed of.

SANGITA DHINGRA SEHGAL, J JULY 24, 2017 afa