High Court of DelhiCRL.M.C./4405/2017

Ashish Thakur & ORS. v. The State Govt. Of NCT Of Delhi & ANR.

2017-10-31Hon'Ble Mr. Justice Najmi Waziri2 pages

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4405/2017 ASHISH THAKUR & ORS.

..... Petitioners Through:

Mr. Lalit Ohlan, Advocate with petitioners in person.

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

Mr. Mukesh Kumar, APP for the State.

Mr. Praveeen Kumar Rajput, Advocate with 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. 17656/2017 (Exemption) Exemption allowed, subject to just exceptions. Application stands disposed of.

Crl. M. C. 4405/2017 The instant petition has been filed by the petitioners seeking quashing of FIR No. 3/2013 under Sections 498A/406/34 IPC registered at Police StationDabri, 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 10.08.2016 before the Delhi Mediation Centre, Dwarka Courts, Delhi. 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 10.08.2016

before the Delhi Mediation Centre, Dwarka Courts, Delhi and she does not wish to pursue the abovementioned FIR and the proceedings pursuant thereto. Today, petitioners have paid the balance amount of Rs.1,00,000/- (Rupees One Lac Only) to the complainant/respondent No. 2 through Demand Drafts No. 559846 dated 11.10.2017 and 559867 dated 27.10.2017 both drawn on Punjab National Bank, Salem Tabri, Ludhiana (Pb.)-141008 for Rs.50,000/- (Rupees Fifty Thousand Only) each against all her claims. Parties undertake to abide by the terms of the aforesaid Settlement/Agreement.

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. 3/2013 under Sections 498A/406/34 IPC registered at Police Station-Dabri, Delhi, and proceedings pursuant thereto are hereby quashed. The petition is disposed of.

SANGITA DHINGRA SEHGAL, J OCTOBER 31, 2017 gr