High Court of DelhiCRL.M.C./4615/2017

Tara Singh & ORS v. The State Govt Of NCT Of Delhi & ORS

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

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4615/2017 TARA SINGH & ORS.

..... Petitioners Through:

Mr. Arun Sheoran and Mr. Sushil Kumar, Advocate with petitioners.

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

Ms. Anita Abraham, APP for the State with SI Sandeep Rawal, PS-Kalyanpuri.

Mr. Aashish Kumar Singh and Mr. Anil Kumar, Advocates with respondent No. 2 in person.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 04.12.2017 Crl. M. A. No. 18389/2017 (Exemption) Exemption allowed, subject to just exceptions. Application stands disposed of.

Crl. M. C. 4615/2017 The instant petition has been filed by the petitioners seeking quashing of FIR No. 109/2011 under Sections 498-A/406/323/34 IPC registered at Police Station - Kalyanpuri, Delhi on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have resolved their disputes amicably Respondent is present in Court today and is identified by the Investigating Officer as well as by her counsel. She states that she has settled the matter with the petitioner with her own free will and choice

without any threat, pressure and coercion as per the terms and conditions recorded on 11.02.2017 before the Trial Court. She states that as per the said settlement, she has already received Rs.4,00,000/- from the petitioners and today she has received the balance amount of Rs.2,00,000/- from the petitioners through Demand Draft No. 595489 dated 06.11.2017 drawn on Canara Bank, against all her claims. She further submits that she 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 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. 109/2011 under Sections 498-A/406/323/34 IPC registered at Police Station - Kalyanpuri, Delhi and proceedings pursuant thereto are hereby quashed.

The petition is disposed of.

SANGITA DHINGRA SEHGAL, J DECEMBER 04, 2017 gr