Suresh Mittal & ORS v. Govt Of NCT Of Delhi & ANR

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4685/2017 SURESH MITTAL & ORS ..... Petitioners Through:

Mr.Ram Kumar, Adv.

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

Mr.Amit Ahlawat, APP for State / respondent No.1 with SI Ramakant from PS-Sarai Rohilla.

Mr.Nitin Bhardwaj, Adv. for R-2 with Respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 01.12.2017 Counsel for the petitioner submits that the petitioner No.1 is not well and he seeks exemption from personal appearance of the petitioner no.1 on the ground that he is not medically fit.

Taking into consideration that the petitioner no.1 is unable to come to the court today due to illness, exemption from personal appearance on behalf of petitioner no.1 is granted.

Petitioner No.2 & 3 have already expired.

The instant petition has been filed by the petitioners seeking quashing of FIR No.200/2007 for the offences punishable under Sections 498A/406/34 of Indian Penal Code (in short „IPC‟) registered at PS-Sarai Rohilla, Delhi on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that a compromise/settlement/Memorandum of understanding dated 27.03.2008 has been arrived at between the parties in the matter.

CRL.M.C. 4685/2017

Respondent No. 2 is present in Court today and is identified by counsel and the Investigating Officer. She states that he has settled the matter with the petitioners of free will and choice without any threat, pressure and coercion as per Memorandum of Understanding/Settlement dated 27.03.2008.

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. 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.200/2007 for the offences punishable under Sections 498-A/406/34 of Indian Penal Code (in short „IPC‟) registered at PS-Sarai Rohilla, Delhi and proceedings pursuant thereto are hereby quashed. The petition is disposed of.

SANGITA DHINGRA SEHGAL, J DECEMBER 01, 2017/ssc CRL.M.C. 4685/2017