Chanchal Nirwan v. The State Govt Of NCT Of Delhi & ANR

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3057/2017 CHANCHAL NIRWAN ..... Petitioner Through:

Mr. Ghanshyam Mishra, Ms. Kamlesh Vats with petitioner in person.

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

Ms. Anita Abraham, APP for State with ASI Ramesh Kumar, PS Swaroop Nagar.

Mr. Sudhir Pal Singh, Advocate for R-2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 08.08.2017 The instant petition has been filed by the petitioner seeking quashing of FIR No.46/2014 for the offences punishable under Sections 498A/406 IPC registered at Police Station-Swaroop 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. Respondents No.2 is present in Court today and is identified by the learned counsel and the Investigating Officer. She states that she has settled the matter with the petitioner with her own free will and choice without any threat, pressure and coercion as per the terms and conditions of the Settlement Deed dated 03.09.2016. She further states that she has already CRL.M.C. 3057/2017

received the part settlement amount of Rs.2,25,000/- (Rupees Two Lakh Twenty Five Thousand) from the petitioner and today she has received the balance amount of Rs.75,000/- (Rupees Seventy Five Thousand) in cash from the petitioner. She further states that he 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. 46/2014 for the offences punishable under Sections 498A/406 IPC registered at Police Station-Swaroop Nagar, Delhi and proceedings pursuant thereto are hereby quashed. The petition is disposed of.

SANGITA DHINGRA SEHGAL, J AUGUST 08, 2017 afa CRL.M.C. 3057/2017