Mohd Hashim & ORS v. The State Govt Of NCT Of Delhi & ANR

$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4763/2017 & Crl.M.A.No.18982/2017 MOHD HASHIM & ORS ..... Petitioners Through:

Mr.Pramod Kr.Tripathi, Adv.with Petitioners in person.

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

Mr.Ashok Kr. Garg, APP for State with SI Manish Tyagi from PSGandhi Nagar.

Mohd.Nadeem, Adv. for R-2 with R2 in person.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 20.11.2017 The instant petition has been filed by the petitioners seeking quashing of FIR No.05/2014 under Section 498A/406/34 IPC, registered at PSGandhi Nagar, Delhi on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that a compromise/settlement has been arrived at between the parties in the matter. 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 petitioner in terms of Mediation order dated 16.05.2017. As per said order, the petitioners were required to pay a sum of ₹1,00,000/- to the respondent No. 2 at the time of quashing the FIR. Today, the petitioners have paid a sum of ₹1,00,000/- to the respondent No. 2 through a demand draft No.018339 dated 10.10.2017 drawn on Axiz Bank, Okhla Phase-I branch. CRL.M.C. 4763/2017

She states that 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 in question. Consequently, FIR No.05/2014 under Section 498A/406/34 IPC, registered at PS- Gandhi Nagar, Delhi and proceedings pursuant thereto are hereby quashed.

The petition alongwith pending application is disposed of. SANGITA DHINGRA SEHGAL, J NOVEMBER 20, 2017/ssc CRL.M.C. 4763/2017