High Court of DelhiCRL.M.C./4634/2017

Devi Dutt & ORS v. State Of NCT Of Delhi & ANR

2017-11-14Hon'Ble Ms. Justice Sangita Dhingra Sehgal2 pages

$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4634/2017 DEVI DUTT & ORS ..... Petitioners Through:

Mr. Vishnu Sharma, Advocate with eight petitioners in person.

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

Mr. Mukesh Kumar, APP for State with ASI Satyavir Singh, PS Khyala.

Mr. Devinder Singh Khatana, Advocate with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 14.11.2017 Crl. M.A.No. 18454/2017 (exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.

CRL.M.C. 4634/2017 The instant petition has been filed by the petitioners seeking quashing of FIR No.214/2015, under Section 498-A/406/34 IPC registered at Police Station-Khyala, Delhi on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have amicably settled their disputes as per Settlement Deed dated 01.09.2015. 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 petitioners with her own free will and choice without any threat, pressure and coercion as per Settlement Deed dated 01.09.2015 and she does not CRL.M.C. 4634/2017

wish to pursue the abovementioned FIR and the proceedings pursuant thereto. She further submits that today she has received a sum of Rs.95,000/- (Rupees Ninety Five Thousand only) through a Demand Draft No. 332209 dated 13.11.2017, drawn on Syndicate Bank, Mohan Garden (Uttam Nagar), New Delhi-110059, from the petitioners as per Settlement dated 01.09.2015. Petitioner No.9 is exempted from personal appearance through counsel.

Statements of the parties have been recorded separately. In view of the fact that the parties have amicably resolved their differences voluntarily out of their own free will and without any coercion, pressure, and no useful purpose will be served in continuance of the proceedings. 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.214/2015, under Section 498-A/406/34 IPC registered at Police StationKhyala, Delhi and all the proceedings pursuant thereto are hereby quashed. The petition is disposed of.

SANGITA DHINGRA SEHGAL, J NOVEMBER 14, 2017 afa CRL.M.C. 4634/2017