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High Court of DelhiCRL.M.C./3664/2017

Surender Kumar & ORS v. The State NCT Of Delhi & ANR

2017-10-13Hon'Ble Ms. Justice Sangita Dhingra Sehgal2 pages

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3664/2017 & Crl.M.A.No.14940/2017 SURENDER KUMAR & ORS ..... Petitioners Through:

Mr.Deepak Gupta and Mr.Ankur Gupta, Advs. with Petitioners in person.

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

Ms.Anita Abraham, APP for State/respondent No.1 with ASI Liyakat Ali from PS-Sangam Vihar.

Respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 13.10.2017 The instant petition has been filed by the petitioners seeking quashing of FIR No.1066/2005 registered at Police Station-Sangam Vihar, for the offences punishable U/s 498-A/406/34 of Indian Penal Code, 1860 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 Investigating Officer. She states that she has settled the matter with the petitioner in terms of settlement. The petitioners have paid a sum of ₹80,000/- to the respondent No. 2 through Demand Drafts Nos.214899 & 214838 dated 01.09.2017 & 12.10.2017 drawn on Punjab National Bank, CRL.M.C. 3664/2017

ASC Alaknanda, Kalkaji, New Delhi. She 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.1066/2005 registered at Police Station-Sangam Vihar, for the offences punishable U/s 498-A/406/34 of Indian Penal Code, 1860 and proceedings pursuant thereto are hereby quashed.

The petition along with pending application is disposed of. SANGITA DHINGRA SEHGAL, J OCTOBER 13, 2017/ssc CRL.M.C. 3664/2017