High Court of DelhiCRL.M.C./3896/2017

Sita Ram Seth @ Sachin & ORS. v. The State (Govt. Of NCT Of Delhi ) & ANR.

2017-09-20Hon'Ble Ms. Justice Sangita Dhingra Sehgal2 pages

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3896/2017 SITA RAM SETH @ SACHIN & ORS.

..... Petitioners Through:

Ms. Tanya Kathuria, Advocate with all four petitioners in person.

versus THE STATE (GOVT. OF NCT OF DELHI ) & ANR.

..... Respondents Through:

Mr. Ashok Kr. Garg, APP for State with SI Pradeep, PS Sagarpur.

Mr. R.S. Godar, Advocate with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 20.09.2017 Crl. M.A.No.15756/2017 (exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.

CRL.M.C. 3896/2017 The instant petition has been filed by the petitioners seeking quashing of FIR No.112/2015 for the offences punishable under Sections 498A/406/34 IPC registered at Police Station Sagarpur, 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 has been identified by the learned counsel and the Investigating Officer. She states that she has CRL.M.C. 3896/2017

settled the matter with the petitioners with her own free will and choice without any threat, pressure and coercion. She further submits that she has already received the part settlement amount of Rs.6,00,000/- (Rupees Six Lakh Only) from the petitioner No.1 and today she has received the balance amount of Rs.1,00,000/- (One Lakh Only) from the petitioner No.1 through Manager's Cheque No.009156 dated 16.09.2017 drawn on HDFC Bank. She further states that she has no claim whatsoever remaining against the petitioners 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.112/2015 for the offences punishable under Sections 498-A/406/34 IPC registered at Police Station Sagarpur, Delhi and proceedings pursuant thereto are hereby quashed. The petition stands disposed of.

SANGITA DHINGRA SEHGAL, J SEPTEMBER 20, 2017 afa CRL.M.C. 3896/2017