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High Court of DelhiCRL.M.C./4174/2017

Sh Sanjay Kumar Nath & ORS v. The State & ANR

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

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4174/2017 SH SANJAY KUMAR NATH & ORS ..... Petitioners Through:

Mr.Krishan N. Rana, Adv. with Petitioners in person.

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

Mr.Mukesh Kumar, APP for State/respondent No.1 with ASI Ram Lal from PS-Tilak Nagar.

Mr.Davinder, Adv. for R-2 with 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.389/2016 registered at Police Station-Tilak Nagar, 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 and counsel. 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 two Demand Drafts Nos.514675 & 514676 dated 12.10.2017 drawn on Punjab National Bank, CRL.M.C. 4174/2017

Nangal Raya, Janakpuri, 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. Petitioner No.5 is not present, he is represented by counsel. 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.389/2016 registered at Police Station-Tilak Nagar, for the offences punishable U/s 498-A/406/34 of Indian Penal Code, 1860 and proceedings pursuant thereto are hereby quashed. The petition is disposed of.

SANGITA DHINGRA SEHGAL, J OCTOBER 13, 2017/ssc Crl. M.C.No.4174/2017