High Court of DelhiCRL.M.C./3288/2017

Zakir Ali & ORS. v. The State Of NCT Of Delhi & ANR.

2017-08-22Hon'Ble Ms. Justice Sangita Dhingra Sehgal2 pages

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3288/2017 & Crl.M.A.No. 13496/2017 (stay) ZAKIR ALI & ORS.

..... Petitioners Through:

Ms.Kavita Singh, Adv.

versus THE STATE OF NCT OF DELHI & ANR.

..... Respondents Through:

Ms.Anita Abraham, APP for State.

Respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 22.08.2017 Crl. M.A.No. 13497/2017 (exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.

CRL.M.C. 3288/2017 & Crl.M.A.No. 13496/2017 (stay) The instant petition has been filed by the petitioners seeking quashing of FIR No.462/2007 for the offences punishable under Sections 498A/406/34 of Indian Penal Code, 1860 and Sections 3 & 4 of the Dowry Prohibition Act, 1961 registered at police station-Seelampur, 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 in terms of Delhi Mediation Centre (Karkardooma Courts) Order dated CRL.M.C. 3288/2017

20.05.2017. As per clause 3 of Delhi Mediation Centre (Karkardooma Courts) Order dated 20.05.2017, the petitioner was required to pay a sum of ₹1,25,000/- to the respondent No. 2 at the time of quashing the FIR. She states that she has received a sum of Rs.1,25,000/- (Rupees One Lakh Twenty Five Thousand only) from the petitioner and she further states that 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.462/2007 for the offences punishable under Sections 498A/406/34 of Indian Penal Code, 1860 and Sections 3 & 4 of the Dowry Prohibition Act, 1961 registered at police station-Seelampur, Delhi and proceedings pursuant thereto are hereby quashed.

The petition is disposed of.

SANGITA DHINGRA SEHGAL, J AUGUST 22, 2017/ssc CRL.M.C. 3288/2017