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High Court of DelhiW.P.(CRL)/2106/2017

Furkan & ORS. v. The State & ANR.

2017-12-21Hon'Ble Ms. Justice Mukta Gupta3 pages

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FURKAN & ORS.

... Petitioners Represented by:

Mr.Sachin Sangwan with Mr.Likhil Nagar and Ms.Neema Rani, Advocates versus THE STATE & ANR.

... Respondents Represented by:

Mr.Rahul Mehra, Standing counsel with Mr.Jamal Akhtar, Advocate for the State ASI Ram Kishore, PS Jaitpur Mr.Jay K.Bhardwaj, Advocate for respondent No.2

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 21.12.2017 By the present petition the petitioners seek quashing of FIR No.522/2016 under Sections 498A/406/34 IPC registered at PS Jaitpur, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned Standing Counsel for the State on instructions from Investigating Officer submits that in the above-noted FIR five petitioners are the only accused and respondent No.2 is the only complainant. Respondent No.2 is present in Court and is identified by the learned

counsel and Investigating Officer. Respondent No.2 states that on the last date when she appeared she was misguided to state that the settlement arrived at before the Mediation Centre, Saket was under coercion. In fact she has settled the matter with the petitioners of her own free will and has received a total amount of ₹1,50,000/-. She states that having settled the matter with the petitioners and having received the amount of ₹1,50,000/-, she does not have any claim whatsoever now against the petitioners and does not wish to pursue the above-noted FIR and the proceedings pursuant thereto. She further states that she will abide by the settlement arrived at between the parties on 29th March, 2017.

Petitioners who are present in Court and are identified by the learned counsel and the Investigating Officer affirm the statement of respondent No.2 and undertake to abide by the terms of the settlement arrived at on 29th March, 2017 before the Mediation Centre, Saket. In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion 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.522/2016 under Sections 498A/406/34 IPC registered at PS Jaitpur, Delhi and proceedings pursuant thereto are hereby quashed.

Parties have signed this order sheet in acknowledgment of their

statements made before this Court.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

DECEMBER 21, 2017 'rk'