Om Prakash & ANR v. State Of NCT Of Delhi & ANR

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2711/2017 OM PRAKASH & ANR ..... Petitioners Through:

Mr. Syed Hasan Isfahani and Mr. Vikas Yadav, Advocates with petitioners in person.

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

Mr. Amit Ahlawat, APP for State with IO Sandeep Kumar, PS Dwarka North.

Mr. Bishwajit Singh, 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 petitioners seeking quashing of FIR No.155/2013 registered under Sections 498A/406 IPC at PS Dwarka North, 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 with her own free will and choice without any threat, pressure and coercion as per Mediation Settlement dated 24.09.2016 and does not wish to pursue the abovementioned FIR and the proceedings pursuant thereto.

CRL.M.C. 2711/2017

Learned counsel for the petitioners submits that he may be granted liberty to move an application for withdrawal of Rs.1,00,000/- deposited in Dwarka Courts in FIR No.155/2013 in terms of para 5 of the Settlement Agreement.

Learned counsel for the respondent No.2 has no objection for the same.

In view thereof, learned counsel for the petitioners is granted liberty to move an application for withdrawal of Rs.1,00,000/- deposited in Dwarka Courts in FIR No.155/2013.

Statements of the parties have been recorded separately. In view of the fact that the parties have amicably resolved their differences voluntarily and out of their own free will and without any coercion, pressure, and no useful purpose will be served in continuance of the proceedings. 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.155/2013 registered under Sections 498A/406 IPC at PS Dwarka North, Delhi and proceedings pursuant thereto are hereby quashed. The petition is disposed of.

SANGITA DHINGRA SEHGAL, J JULY 18, 2017 afa CRL.M.C. 2711/2017