High Court of DelhiCRL.M.C./4472/2017

Bhupender Singh v. The State Govt Of NCT Of Delhi & ANR

2017-11-24Hon'Ble Ms. Justice Sangita Dhingra Sehgal2 pages

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4472/2017 & Crl.M.A.No.17908/2017 BHUPENDER SINGH ..... Petitioner Through:

Mr.Ashish Kapoor, Adv.

with Petitioner in person.

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

Mr.Arun Kr. Sharma, APP for State / respondent No.1 with ASI Shri Ram from PS-Hari Nagar.

Mr. (appearance not given), Adv. for R-2 with Respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 24.11.2017 The instant petition has been filed by the petitioners seeking quashing of FIR No.201/2013 for the offences punishable under Sections 498A/406/34 of Indian Penal Code, 1860 (in short 'IPC'), registered at PS-Hari Nagar, Delhi on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that a compromise/settlement dated 23.01.2017 has been arrived at between the parties in the matter. Respondent No.2 is present in Court today and is identified by counsel. She states that she has settled the matter with the petitioner of free will and choice without any threat, pressure and coercion as per Settlement Deed dated 23.01.2017. As per said settlement, the petitioners were required to pay balance amount of ₹1,00,000/- to the respondent No. 2 at the time of CRL.M.C. 4472/2017

quashing the FIR. She states that she has received a sum of Rs.1,00,000/- from the petitioners through demand draft No.041127 dated 21.11.2017 drawn on ICICI Bank, 07, Connaught Place, New Delhi and she has no claim whatsoever remaining against the petitioner and does not wish to pursue the abovementioned FIR and the proceedings pursuant thereto. Statements of the parties have been recorded separately. In view of the fact that the parties have amicably resolved their differences voluntarily and 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 No.201/2013 for the offences punishable under Sections 498-A/406/34 of Indian Penal Code, 1860 (in short 'IPC'), registered at PS-Hari Nagar, Delhi and proceedings pursuant thereto are hereby quashed. The petition alongwith pending application is disposed of. SANGITA DHINGRA SEHGAL, J NOVEMBER 24, 2017/ssc CRL.M.C.