High Court of DelhiCRL.M.C./3492/2017

Kamal & ORS v. The State & ANR

2017-08-31Hon'Ble Ms. Justice Sangita Dhingra Sehgal2 pages

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3492/2017 KAMAL & ORS ..... Petitioners Through:

Mr. Mohd. Talat, Adv.

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

Mr. Ashok Kumar Garg, APP for the State with SI Annu Dagar from PS Chhawla.

Mr. R.D. Kaushik and Mr. B.N.

Sharma, Advs. for R-2

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 31.08.2017 Crl. M.A.No.14204/2017 (exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.

Crl. M.C.No.3492/2017 The instant petition has been filed by the petitioners seeking quashing of FIR No. 102/2017 under Sections 498A/406/34 IPC registered at PS Chhawala, 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 in terms of settlement deed dated 08.06.2017. CRL.M.C. 3492/2017

As per clause 3 of the Divorce Deed dated 03.08.2017, the petitioners were required to pay a sum of ₹1,00,000/-(Rupees One Lakh only) to the respondent No. 2 at the time of quashing the FIR. She states that today she has received a sum of ₹1,00,000/-(Rupees One Lakh only) in cash and now 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. 102/2017 under Sections 498A/406/34 IPC registered at PS Chhawala, Delhi and proceedings pursuant thereto are hereby quashed.

The petition is disposed of.

SANGITA DHINGRA SEHGAL, J AUGUST 31, 2017/ssc CRL.M.C. 3492/2017