Raj Kumar Sapra v. State Administration & ANR

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2898/2017 RAJ KUMAR SAPRA ..... Petitioner Through:

Mr. Shahrukh Inam & Mr. Rajesh Bhatia, Advocates with petitioner in person.

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

Ms. Anita Abraham, APP for State with ASI Rajender Singh, PS Geeta Colony.

Ms. Babita, Advocate for R-2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 28.07.2017 Crl.M.A.No.12024/2017 (exemption) Exemption allowed, subject to all just exceptions. The application stand disposed of.

CRL.M.C. 2898/2017 The instant petition has been filed by the petitioner seeking quashing of FIR No.405/2015 registered for the offences punishable under Sections 498A/406/34 IPC at Police Station-Geeta Colony, 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 Investigation Officer. She states that she has settled CRL.M.C. 2898/2017

the matter with the petitioner for a total settlement amount of Rs.3,75,000/- with her own free will and choice without any threat, pressure and coercion as per Mediation Order dated 29.09.2015. She further states that she has already received the part settlement amount of Rs.2,50,000/- from the petitioner and today she has received the balance amount of Rs.1,25,000/- from the petitioner vide DD No.283364 dated 27.07.2017 drawn on Syndicate Bank. 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. 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. 405/2015 registered for the offences punishable under Sections 498A/406/34 IPC at Police Station-Geeta Colony, Delhi and proceedings pursuant thereto are hereby quashed. The petition is disposed of.

SANGITA DHINGRA SEHGAL, J JULY 28, 2017 afa CRL.M.C. 2898/2017