Uma Shankar Saxena & ORS v. State Govt Of NCT Of Delhi & ORS

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2955/2017 UMA SHANKAR SAXENA & ORS ..... Petitioners Through:

Mr. Manish Bhadauria & Mr. Balram Bagla, Advocates with two petitioners are in person.

versus STATE GOVT OF NCT OF DELHI & ORS ..... Respondents Through:

Mr. Mukesh Kumar, APP for State with IO/SI Mahesh Singh, PS Pandav Nagar.

Mr. Kamlesh, Advocate for R-2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 01.08.2017 Crl.M.A.No.12277/2017 (exemption) Exemption allowed, subject to all just exceptions. The application stand disposed of.

CRL.M.C. 2955/2017 The instant petition has been filed by the petitioners seeking quashing of FIR No.158/2008 registered for the offences punishable under Sections 498A/406/34 IPC at Police Station-Pandav Nagar, 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. She states that she has settled the matter with the petitioners CRL.M.C. 2955/2017

for a total settlement amount of Rs.23,00,000/-with her own free will and choice without any threat, pressure and coercion as per Settlement Agreement dated 22.07.2016. She further states that she has already received the part settlement amount of Rs.16,00,000/- from the petitioner No.1 and today she has received the balance amount of Rs.7,00,000/- from the petitioner No.1 vide DD No.866671 dated 21.07.2017 drawn on Punjab National Bank, Gulmohar Enclave, Green Park, New Delhi. 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. 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.158/2008 registered for the offences punishable under Sections 498A/406/34 IPC at Police Station-Pandav Nagar, Delhi and proceedings pursuant thereto are hereby quashed. The petition is disposed of.

SANGITA DHINGRA SEHGAL, J AUGUST 01, 2017 afa CRL.M.C. 2955/2017