Pramod Kumar & ORS v. The State & ANR

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4108/2017 PRAMOD KUMAR & ORS ..... Petitioners Through:

Mr. Anil Kumar, Advocate with all six petitioners in person.

versus THE STATE & ANR ..... Respondents Through:

Mr. Mukesh Kumar, APP for State with SI Pramod Kumar, P.S. Narela.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 10.10.2017 Crl.M.A.No.16482/2017 (exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.

Crl. M.A. No.16483/2017 (delay in re-filing) For the reasons stated in the application, the delay is condoned. The application stands disposed of.

Crl.M.C.No. 4108/2017 The instant petition has been filed by the petitioners seeking quashing of FIR No.323/2010 under Sections 498-A/406/34 IPC registered at Police Station-Narela, 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. Respondent No.2 is present in Court today. She has been identified by the Investigating Officer. She states that she has settled the matter with the CRL.M.C. 4108/2017

petitioners with her own free will and choice without any threat, pressure and coercion as per terms and conditions dated 22.08.2012 recorded before the learned Family Court Rohini, New Delhi. She further submits that she has already received amount of Rs.1,75,000/- from the petitioners and today she has received the balance amount of Rs.50,000/- (Rupees Fifty Thousand only) from the petitioners through DD No.748124 dated 30.08.2017 drawn on Oriental Bank of Commerce. She further states that she 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.323/2010 under Sections 498A/406/34 IPC registered at Police Station-Narela, New Delhi and proceedings pursuant thereto are hereby quashed. The petition stands disposed of.

SANGITA DHINGRA SEHGAL, J OCTOBER 10, 2017/afa CRL.M.C. 4108/2017