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High Court of DelhiCRL.M.C./3245/2017

Sumit Aggarwal & ORS v. State (Govt Of NCT Of Delhi) & ANR

2017-08-21Hon'Ble Ms. Justice Sangita Dhingra Sehgal2 pages

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3245/2017 SUMIT AGGARWAL & ORS ..... Petitioners Through:

Mr.Sandeep Kumar, Adv.

with Petitioners in person.

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

Mr.Akshai Malik, APP for the State with SI Ved Pal Sharma from police station-Mangol Puri for R-1.

Mr. (appearance not given), Adv.

with Respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 21.08.2017 The instant petition has been filed by the petitioners seeking quashing of FIR No.455/2013 for the offences punishable under Sections 498A/406/34 IPC registered at Police Station-Mangol Puri, 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. She states that she has settled the matter with the petitioner as per Statement dated 09.11.2016 made before the Trial Court. As per clause No.3 of that statement, the petitioner was required to pay a sum of ₹5,00,000/- (Rupees Five Lakh only) to the respondent No.2 at the time of CRL.M.C. 3245/2017

quashing the FIR. She (respondent No.2) states that she has received Rs.5,00,000/- (Rupees Five Lakh only) from the petitioner through a DD No.507114 dated 20.08.2017 drawn on ICICI Bank, Rohini, Sector-9, Delhi. 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.455/2013 for the offences punishable under Sections 498A/406/34 IPC registered at Police StationMangol Puri, Delhi and proceedings pursuant thereto are hereby quashed. The petition is disposed of.

SANGITA DHINGRA SEHGAL, J AUGUST 21, 2017/ssc CRL.M.C. 3245/2017