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High Court of DelhiCRL.M.C./2921/2017

Kamal Gagneja v. NCT Of Delhi & ANR

2017-08-16Hon'Ble Ms. Justice Sangita Dhingra Sehgal2 pages

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2921/2017 KAMAL GAGNEJA ..... Petitioner Through:

Mr. K.K. Aggarwal, Advocate with petitioners No. 1 to 4 in person.

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

Mr. Akshai Malik, APP for State with SI Ved Pal Sharma, PS Mangol Puri.

Ms.

Shadwali Singh, Advocate with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 16.08.2017 The instant petition has been filed by the petitioner seeking quashing of FIR No.950/2016 registered under Sections 498-A/406/34 IPC at PS Mangol Puri, New 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 learned counsel. She states that she has settled the matter with the petitioner in terms of MOU/Compromise Deed dated 26.07.2017 with her own free will and choice without any threat, pressure and coercion. She further submits that she has received two DD Nos.010096-97 both dated 14.08.2017 for Rs.2,00,000/- each in favour of Ms. Payal Dhupper drawn at Axis Bank Limited, Azadpur, Delhi towards her claims and she does not wish to pursue the abovementioned FIR and the proceedings pursuant thereto. CRL.M.C. 2921/2017

Counsel for the petitioners has filed amended memo of parties in Court today. Same is taken on record. Counsel for the petitioner No.5 and 6 submits that petitioners No.5 and 6 are not made accused in the instant matter and they are residing abroad i.e. France. Statements of the parties have been recorded separately. In view of the fact that the parties have amicably resolved their differences voluntarily 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.950/2016 registered under Sections 498-A/406/34 IPC at PS Mangol Puri, New Delhi, and proceedings pursuant thereto are hereby quashed. The petition is disposed of.

SANGITA DHINGRA SEHGAL, J AUGUST 16, 2017 afa CRL.M.C. 2921/2017