Mohit Maheshwari & ORS v. The State NCT Of Delhi & ANR

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2961/2017 MOHIT MAHESHWARI & ORS ..... Petitioners Through:

Mr. A.K. Singh, Advocate with all three petitioners are in person.

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

Ms. Anita Abraham, APP for State with IO/SI Ashish, PS Bhajanpura.

Mr. S.K. Bhardwaj, 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.12299/2017 (exemption) Exemption allowed, subject to all just exceptions. The application stand disposed of.

CRL.M.C. 2961/2017 The instant petition has been filed by the petitioners seeking quashing of FIR No.1256/2015 registered under Sections 498A/406/34 IPC at PS Bhajanpura, District North East, 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. 2961/2017

the matter with the petitioners for a total settlement amount of Rs.5,00,000/- with her own free will and choice without any threat, pressure and coercion as per Mediation Order dated 02.08.2016. She further states that she has already received the part settlement amount of Rs.4,00,000/- from the petitioner No.1 and today she has received the balance amount of Rs.1,00,000/- from the petitioner No.1 vide DD No.310687 dated 02.06.2017 drawn on Union Bank of India, Sector-22, Rohini, Delhi-85. 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. 1256/2015 registered under Sections 498A/406/34 IPC at PS Bhajanpura, District North East, Delhi and proceedings pursuant thereto are hereby quashed. The petition is disposed of.

SANGITA DHINGRA SEHGAL, J AUGUST 01, 2017 afa CRL.M.C. 2961/2017