High Court of DelhiCRL.M.C./4547/2017

Hari Dutt Sharma & ORS. v. The State (NCT Of Delhi )& ANR.

2017-12-04Hon'Ble Ms. Justice Sangita Dhingra Sehgal2 pages

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4547/2017 HARI DUTT SHARMA & ORS.

..... Petitioners Through:

Ms. Rakhi Dubey, Advocate with petitioners in person.

versus THE STATE (NCT OF DELHI )& ANR.

..... Respondents Through:

Mr. Arun Kr. Sharma, APP for State with SI Rajat Malik, PS BHD Nagar.

Ms.

Nikita Sharma, Advocate with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 04.12.2017 The instant petition has been filed by the petitioners seeking quashing of FIR No. 213/2014 under Sections 498-A/406/34 IPC registered at Police Station - Baba Haridas Nagar, New Delhi, on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have resolved their disputes amicably.

Learned counsel for the petitioners submits that the petitioner No.3 is absent today and she has instructions to depose before this Court on her behalf. The petitioner No.3 is exempted from personal appearance through her counsel. Statement of her counsel has been recorded. Respondent No.2 is present in Court today and is identified by her counsel. 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 recorded on 10.01.2017 before the Counselling CRL.M.C. 4547/2017

Cell, Family Courts, Dwarka Court, New Delhi-110075. She further submits that she does not wish to pursue the abovementioned FIR and the proceedings pursuant thereto.

Respondent No.2 further states that as per the said settlement, she has already received Rs.6,00,000/- (Rupees Six Lacs only) from the petitioners against all her claims and a property of 50 Sq. Yards has already been transferred in her name by the petitioners.

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. 213/2014 under Sections 498-A/406/34 IPC registered at Police Station - Baba Haridas Nagar, New Delhi, and proceedings pursuant thereto are hereby quashed.

The petition is disposed of.

SANGITA DHINGRA SEHGAL, J DECEMBER 04, 2017 afa CRL.M.C. 4547/2017