High Court of DelhiCRL.M.C./4413/2017

Mujaffar Ali @ Muzaffar Ali & ORS v. State (Govt Of NCT Delhi) & ANR

2017-10-31Hon'Ble Ms. Justice Sangita Dhingra Sehgal2 pages

$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4413/2017 MUJAFFAR ALI @ MUZAFFAR ALI & ORS.

..... Petitioners Through:

Mr. Aditya Gaur and Mr. Parveen Dutt, Advocates with petitioners.

versus STATE (GOVT OF NCT DELHI) & ANR.

..... Respondent Through:

Mr. Ashok Kumar Garg, APP for the State with Investigating Officer.

Respondent No. 2 in person.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 31.10.2017 Crl. M. A. No. 17688/2017 (Exemption) Exemption allowed, subject to just exceptions. Application stands disposed of.

Crl. M. C. 4413/2017 The instant petition has been filed by the petitioners seeking quashing of FIR No. 236/2012 under Sections 498-A/406/34 IPC registered at Police StationKhayala, 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 & conditions of the Settlement recorded on 18.04.2017 before the Principal Counsellor.

Notice. Learned APP for the State accepts notice. 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 Settlement/Agreement recorded on 18.04.2017

before the Principal Counsellor and she does not wish to pursue the abovementioned FIR and the proceedings pursuant thereto. Today, petitioners have paid the balance amount of Rs.2,00,000/- (Rupees Two Lac Only) to the complainant/respondent No. 2 in cash against all her claims. Parties undertake to abide by the terms of the aforesaid Settlement/Agreement.

Learned counsel for the petitioner submits that petitioner No. 6 is on her family way and she may be exempted from appearance. Heard and allowed. 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, as per the terms & conditions of the Settlement recorded on 18.04.2017 before the Principal Counsellor and proceedings pursuant thereto are hereby quashed.

The petition is disposed of.

SANGITA DHINGRA SEHGAL, J OCTOBER 31, 2017 / gr