Pawan Kumar & ORS v. State & ANR

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3884/2017 & Crl.M.A. No.15682/2017 (delay) PAWAN KUMAR & ORS ..... Petitioners Through:

Mr. Rakesh Kumar Dudeja, Mr. Sanjay Dua & Mr. Anshul Grover, Advocates with all six petitioner in person.

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

Ms. Anita Abraham, APP for State with SI Pawan Kumar, PS Vijay Vihar.

Respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 19.09.2017 Crl. M.A.No.15681/2017 (exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.

CRL.M.C. 3884/2017 & Crl.M.A. No.15682/2017 (delay) The instant petition has been filed by the petitioners seeking quashing of FIR No.91/2009 for the offences punishable under Sections 498-A/406/34 IPC, registered at police station Vijay Vihar, 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. She has been identified by 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 Settlement/Compromise Deed dated 12.10.2010. She CRL.M.C. 3884/2017

further submits that she has already received the part settlement amount of Rs.10,000/- (Rupees Ten Thousand Only) from the petitioners and today she has received the balance amount of Rs.5,000/- (Five Thousand Only) in cash from the petitioners. She further states that she has no claim whatsoever remaining against the petitioners 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.91/2009 for the offences punishable under Sections 498-A/406/34 IPC, registered at police station Vijay Vihar, Delhi and proceedings pursuant thereto are hereby quashed. The petition stands disposed of.

SANGITA DHINGRA SEHGAL, J SEPTEMBER 19, 2017 afa CRL.M.C. 3884/2017