Nitin Jaitly & ORS v. The State Govt Of NCT Of Delhi & ANR

$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4701/2017 NITIN JAITLY & ORS ..... Petitioners Through:

Ms. Shalini Nair, Advocate with four petitioners in person.

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

Ms. Anita Abraham, APP for State with SI Sanjay Kumar, PS S.J. Enclave.

Mr. R.K. Singh, Advocate with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 15.11.2017 Crl. M.A.No. 18709/2017 (exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.

CRL.M.C. 4701/2017 The instant petition has been filed by the petitioners seeking quashing of FIR No.426/2013, under Sections 498-A/406/34 IPC registered at Police Station-Safdarjung Enclave, New 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 Memorandum of Understanding dated 27.03.2017.

Respondent No.2 is present in Court today and is identified by the learned counsel and the Investigating Officer. She states that she has settled the matter with the petitioners with her own free will and choice without any CRL.M.C. 4701/2017

threat, pressure and coercion as per Memorandum of Understanding dated 27.03.2017 and she does not wish to pursue the abovementioned FIR and the proceedings pursuant thereto. She further submits that today she has received a sum of Rs.4,00,000/- (Rupees Four Lacs only) through Demand Draft No.442883 dated 17.10.2017 drawn on South Indian Bank, from the petitioners before the Court.

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.426/2013, under Sections 498-A/406/34 IPC registered at Police StationSafdarjung Enclave, New Delhi and all the proceedings pursuant thereto are hereby quashed.

The petition is disposed of.

SANGITA DHINGRA SEHGAL, J NOVEMBER 15, 2017 afa CRL.M.C. 4701/2017