High Court of DelhiCRL.M.C./4317/2017

Avadh Kumar Singh & ORS v. State (Govt Of NCT Of Delhi) & ANR

2017-10-26Hon'Ble Ms. Justice Sangita Dhingra Sehgal2 pages

$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4317/2017 & Crl.M.A. 17355/2017 (stay) AVADH KUMAR SINGH & ORS ..... Petitioners Through:

Mr. D.S. Chauhan, Advocate with petitioner Nos.1 to 5 in person.

versus STATE (GOVT OF NCT OF DELHI) & ANR ..... Respondents Through:

Mr. Ashok Kr. Garg, APP for State with IO.

Respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 26.10.2017 Crl.M.A. 17356/2017 (exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.

CRL.M.C. 4317/2017 The instant petition has been filed by the petitioners seeking quashing of FIR No.69/2014 under Sections 498A/406 IPC registered at Police Station-Vijay Vihar, 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 and is identified by the 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 Memorandum of Understanding dated 03.02.2017. She further states that she has already received Rs.2,00,000/- (Rupees Two Lakh Only) from the petitioners and CRL.M.C. 4317/2017

today, she has received the balance amount of Rs.1,00,000/- (Rupees One Lakh Only) in cash from the petitioners. 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. Petitioner No.6 is exempted from personal appearance through counsel. Statements of the parties have been recorded separately. In view of the fact that the parties have amicably resolved their differences voluntarily and out 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.69/2014 under Sections 498A/406 IPC registered at Police Station-Vijay Vihar, New Delhi and proceedings pursuant thereto are hereby quashed. The petition is disposed of along with pending application. SANGITA DHINGRA SEHGAL, J OCTOBER 26, 2017 afa CRL.M.C.