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High Court of DelhiCRL.M.C./4036/2017

Rahul Chaudhary & ORS v. State Of NCT Of Delhi & ANR

2017-12-01Hon'Ble Ms. Justice Sangita Dhingra Sehgal2 pages

$~97 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4036/2017 & Crl.M.A.No.16222/2017 RAHUL CHAUDHARY & ORS ..... Petitioners Through:

Mr.Kapil Kumar, Adv with Petitioners in person.

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

Mr.M.S.Oberoi, APP for State / respondent No.1 with SI Prem Rajfrom PS-Vijay Vihar.

Mr.Kunal Kishore, Adv. for R-2 with Respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 01.12.2017 In view of order/Administrative Directions of Hon‟ble the Acting Chief Justice, the case has been assigned to this Court from the Court of A.K.Pathak, J, as he is on leave today.

The instant petition has been filed by the petitioners seeking quashing of FIR No.213/2015 for the offences punishable under Sections 498A/406/34 of Indian Penal Code, 1860 (in short „IPC‟), registered at PS-Vijay Vihar, Delhi on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that a compromise/settlement recorded on 26.07.2017 has been arrived at between the parties in the matter. CRL.M.C. 4036/2017

Respondent No. 2 is present in Court today and is identified by the Investigating Officer. She state that she has settled the matter with the petitioners of free will and choice without any threat, pressure and coercion, as per terms and conditions Compromise Deed dated 26.07.2017 and she is living together with petitioner no.1.

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. 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.213/2015 for the offences punishable under Sections 498-A/406/34 of Indian Penal Code, 1860 (in short „IPC‟), registered at PS-Vijay Vihar, Delhi and proceedings pursuant thereto are hereby quashed. The petition alongwith pending application is disposed of. SANGITA DHINGRA SEHGAL, J DECEMBER 01, 2017/ssc CRL.M.C. 4036/2017