Surinder Oberoi & ANR v. The State & ANR

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2860/2017 SURINDER OBEROI & ANR ..... Petitioners Through:

Mr. Nitin Sehgal, Advocate with both petitioners are in person.

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

Mr. Mukesh Kumar, APP for State with ASI Rawat Singh, PS Khyala.

Mr. Rajesh Kumar, Mr. Rama Kant Kashyap & Ms. Anjali Nehra, Advocates for R-2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 26.07.2017 CRL.M.A. 11863/2017 (exemption) Allowed, subject to all just exception.

Application stands disposed of.

CRL.M.C. 2860/2017 The instant petition has been filed by the petitioners seeking quashing of FIR No.75/2011 registered under Sections 498-A/406/34 IPC at P.S. Khyala, 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 CRL.M.C. 2860/2017

the matter with the petitioners for a total settlement amount of Rs.2,30,000/- as per Settlement/Compromise Deed. She further states that she has already received the part settlement amount of Rs.1,70,000/- from the petitioner No.1 and today she has received the balance amount of Rs.60,000/- through Bankers Cheque No.779679 dated 10.07.2017 drawn on State Bank of India from the petitioner No.1. 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.75/2011 registered under Sections 498-A/406/34 IPC at P.S. Khyala, Delhi and proceedings pursuant thereto are hereby quashed.

The petition is disposed of.

SANGITA DHINGRA SEHGAL, J JULY 26, 2017 afa CRL.M.C. 2860/2017