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High Court of DelhiCRL.M.C./4431/2017

Rupesh Sharma @ Bitoo & ORS v. State & ANR

2017-11-01Hon'Ble Ms. Justice Sangita Dhingra Sehgal2 pages

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4431/2017 RUPESH SHARMA @ BITOO & ORS ..... Petitioners Through:

Mr.

Sachin Kaushik, Advocate with petitioner No.1 in person.

versus STATE & ANR ..... Respondents Through:

Mr. Mukesh Kumar, APP for State with W/SI Sharda, PS Bindapur.

Respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 01.11.2017 The instant petition has been filed by the petitioners seeking quashing of FIR No.1312/2014 under Sections 498A/406/34 IPC registered at Police Station-Bindapur, Delhi on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have amicably settled their disputes as per the terms and conditions of the Settlement/Agreement recorded on 09.02.2015 before the Delhi Mediation Centre, Dwarka District Courts, New Delhi.

Notice. Learned APP for the State accepts notice. Respondent No. 2 is present in Court today and is identified by the learned counsel and 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 as per the terms and conditions of the Settlement/Agreement recorded on 09.02.2015 before the Delhi Mediation CRL.M.C. 4431/2017

Centre, Dwarka District Courts, New Delhi and she does not wish to pursue the abovementioned FIR and the proceedings pursuant thereto. Petitioner No. 1 and respondent No. 2 are residing together. 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.1312/2014 under Sections 498A/406/34 IPC registered at Police StationBindapur, Delhi and proceedings pursuant thereto are hereby quashed. The petition is disposed of.

SANGITA DHINGRA SEHGAL, J NOVEMBER 01, 2017 afa CRL.M.C. 4431/2017