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High Court of DelhiW.P.(CRL)/2234/2017

Saroj Kumar Behera v. State Govt Of NCT Of Delhi & ORS

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

$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2234/2017 SAROJ KUMAR BEHERA ..... Petitioner Through:

Mr.

Jagmeet Singh Randhawa with petitioner in person.

versus STATE & ORS.

..... Respondents Through:

Mr. Rajesh Mahajan, ASC with Mr. Sachin Gupta, Advocate with SI Manish Yadav.

Mr. Sunil Mittal, Sr. Advocate, Mr. Dhruv Grover, 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 matter has been listed on transfer from the Court of Vinod Goel, J as he is on leave today.

Crl.M.A.No.12604/2017 (exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.

W.P.(CRL) 2234/2017 The instant petition has been filed by the petitioner seeking quashing of FIR No.1215/2014 for the offences punishable under Sections 498A IPC read with Section 3 & 4 Dowry Prohibition Act registered at Police StationVasant Kunj (North), 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. Respondents No.3 is present in Court today and is identified by the W.P.(Crl.)No.2234/2017

learned counsel. 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 Agreement dated 27.09.2016. She further states that she has received the amount of Rs.15,00,000/- (Rupees Fifteen Lakh only) through a Banker's cheque No.598368 drawn on State Bank of India, Lodhi Road Branch, New Delhi from the petitioner. She further states that she 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.1215/2014 for the offences punishable under Sections 498A IPC read with Section 3 & 4 Dowry Prohibition Act registered at Police Station-Vasant Kunj (North), New Delhi and proceedings pursuant thereto are hereby quashed. The petition is disposed of.

Copy of this order be given dasti under the Signature of Court Master. SANGITA DHINGRA SEHGAL, J AUGUST 08, 2017 afa W.P.(Crl.)No.2234/2017