Chiranjeev Chowdhury v. State & ORS

$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4038/2017 CHIRANJEEV CHOWDHURY ..... Petitioner Through:

Mr. Ravinder Singh & Mr. Saurabh Banerjee, Advocate with petitioner in person.

versus STATE & ORS ..... Respondents Through:

Mr. Ashok Kr. Garg, APP for State with Subhash Chander, PS Kalkaji, ND.

Advocate (appearance not given) with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 26.09.2017 Crl. M.A.No.16234/2017 (exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.

CRL.M.C. 4038/2017 The instant petition has been filed by the petitioner seeking quashing of FIR No.358/2012 for the offences punishable under Section 324 IPC registered at Police Station Kalkaji, 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 has been identified by the learned counsel. She states that she has settled the matter with the petitioner with her own free will and choice without any threat, pressure and coercion as per MOU/Settlement Agreement dated 05.06.2013. She further CRL.M.C. 4038/2017

submits that she has already received the part settlement amount of Rs.1,50,000/- (One Lakh Fifty Thousand only) from the petitioner and today she has received the balance amount of Rs.50,000/- (Fifty Thousand only) in cash from the petitioner. She further 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. 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.358/2012 for the offences punishable under Section 324 IPC registered at Police Station Kalkaji, New Delhi and proceedings pursuant thereto are hereby quashed. The petition stands disposed of.

SANGITA DHINGRA SEHGAL, J SEPTEMBER 26, 2017 afa CRL.M.C. 4038/2017