High Court of DelhiCRL.M.C./3850/2017

Ashish Tomar & ORS v. State & ANR

2017-09-18Hon'Ble Ms. Justice Sangita Dhingra Sehgal2 pages

$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3850/2017 ASHISH TOMAR & ORS ..... Petitioner Through:

Mr. Amit Kumar, Advocate with petitioners in person.

versus STATE & ANR.

..... Respondent Through:

Mr. Ashok Kumar Garg, APP for State with SI Sandeep Kumar, PS-Palam Village.

Respondent No. 2 in person.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 18.09.2017 Crl. M. A. 15534/2017 (Exemption) Exemption allowed, subject to just exceptions. Application stands disposed of.

Crl. M. C. 3850/2017 The instant petition has been filed by the petitioners seeking quashing of FIR No.217/2013 under Sections 498-A/406/34 IPC registered at Police Station-Palam Village, 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 terms of the Settlement Deed dated 07.10.2016 recorded before the Counselling Cell, Family Court, Dwarka Court, New Delhi-110075.

CRL.M.C. 3850/2017

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. She further submits that she does not wish to pursue the abovementioned FIR and the proceedings pursuant thereto. Pursuant to the Settlement Deed dated 07.10.2016, a payment of Rs.4,00,000/- (Rupees Four Lac Only) has been made to the respondent No. 2 by the petitioners through a Demand Draft No. 574897 dated 28.08.2017 drawn on Syndicate Bank, Air Head Quarters, Vayu Bhavan, New Delhi against all her claims.

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.217/2013 under Sections 498-A/406/34 IPC registered at Police StationPalam Village, Delhi, and proceedings pursuant thereto are hereby quashed. The present petition is disposed of.

SANGITA DHINGRA SEHGAL, J SEPTEMBER 18, 2017 gr / rd CRL.M.C. 3850/2017