Prabhat Shukla & ORS v. State NCT Of Delhi & ANR

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3151/2017 PRABHAT SHUKLA & ORS ..... Petitioners Through:

Mr. M.K. Duggal, Advocate with petitioners No.1, 3 and 4 in person.

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

Mr. Ashok Kr. Garg, APP for State with SI Randeep, PS Prashant Vihar.

Mr. Anurag Jain, Advocate with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 25.08.2017 The instant petition has been filed by the petitioners seeking quashing of FIR No.148/2012 for the offences punishable under Sections 498-A/406 IPC at police station-Prashant Vihar, 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 the matter with the petitioners for a total settlement amount of Rs.5,00,000/- in terms of Settlement Agreement dated 09.11.2016. She further submits that she has already received the part settlement amount of Rs.3,00,000/- from the petitioners and today she has received the balance amount of Rs.2,00,000/- through a demand draft No.089249 dated 21.07.2017 drawn CRL.M.C. 3151/2017

on Standard Chartered Bank from the petitioners in Court. 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 the demand draft is taken on record. Learned counsel for the petitioners submits that the petitioner no.2 is not present today and he has been authorized to make the statement on behalf of the petitioner No.2. Petitionr no.2 is exempted. 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.148/2012 for the offences punishable under Sections 498-A/406 IPC at police station-Prashant Vihar, Delhi and proceedings pursuant thereto are hereby quashed. The petition is disposed of.

SANGITA DHINGRA SEHGAL, J AUGUST 25, 2017 afa CRL.M.C. 3151/2017