High Court of DelhiCRL.M.C./3869/2017

Bharat Sahay & ORS v. The State NCT Of Delhi & ANR

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

$~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3869/2017 BHARAT SAHAY & ORS ..... Petitioners Through:

Mr. C.M. Verma & Mr. Jitendra Chaudhary, Advocate with all three petitioners in person.

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

Mr. Mukesh Kumar, APP for State with SI Rajender Singh, PS Malviya Nagar.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 18.09.2017 Crl. M.A.No.15608/2017 (exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.

Crl. M.C.No.3869/2017 The instant petition has been filed by the petitioners seeking quashing of FIR No.312/2006 for the offences punishable under Sections 498A/406/34 IPC, registered at Police Station Malivya Nagar, New 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. 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 the terms and conditions of the MOU/Settlement Agreement dated 25.10.2016. She further submits that

she is staying with the petitioner No.1 and does not wish to pursue the abovementioned FIR and the proceedings pursuant thereto. 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.312/2006 for the offences punishable under Sections 498-A/406/34 IPC, registered at Police Station Malivya Nagar, New Delhi and proceedings pursuant thereto are hereby quashed.

The petition stands disposed of.

SANGITA DHINGRA SEHGAL, J SEPTEMBER 18, 2017 afa