Budh Sen Sharma & ORS v. The State Govt Of NCT Of Delhi & ANR

$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4896/2017 BUDH SEN SHARMA & ORS ..... Petitioners Through:

Mr.

Naresh Kumar, Advocate with petitioners No.2 to 5 in person.

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

Ms. Anita Abraham, APP for State with ASI Tulli Ram, PS Badarpur.

Mr.

Rajeev Singh, Advocate with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 27.11.2017 Crl. M. A. No. 19483/2017 (exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.

CRL.M.C. 4896/2017 The instant petition has been filed by the petitioners seeking quashing of FIR No.424/2008, under Section 498-A/34 IPC registered at Police Station-Badarpur, 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 MOU/Settlement Agreement dated 13.09.2017. Today petitioner No.1 is absent. He is exempted from personal appearance on medical ground through Mr. Naresh Kumar, Advocate who is making the statement on his behalf in the present matter as the petitioner no.1 is ill and is admitted in Moolchand Medcity Hospita, Lajpat Nagar III, New Delhi. Copy of Medical Certificate has been placed on record. CRL.M.C. 4896/2017

Respondent No.2 is present in Court today. He states that he has settled the matter with the petitioners with his own free will and choice without any threat, pressure and coercion as per MOU/Settlement Agreement dated 13.09.2017 and he 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.424/2008, under Section 498-A/34 IPC registered at Police StationBadarpur, New Delhi and all the proceedings pursuant thereto are hereby quashed.

The petition is disposed of.

SANGITA DHINGRA SEHGAL, J NOVEMBER 27, 2017 afa CRL.M.C. 4896/2017