Sanjay Giri & ORS v. The State Govt Of NCT Of Delhi & ANR

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4881/2017 SANJAY GIRI & ORS ..... Petitioners Through:

Mr.Y.P.Rana and Mr.Shyam Kumar, Advs. with Petitioners in person.

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

Mr.Arun Kr.Sharma, APP for State / respondent No.1 with SI Praveen Kumar from PS-South, Rohini.

Mr.Girish Gaur, Adv. for R-2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 08.12.2017 The instant petition has been filed by the petitioners seeking quashing of FIR No.488/2007 for the offences punishable under Sections 498A/406/34 of Indian Penal Code, 1860 registered at Police Station-Rohini, Delhi on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that a compromise/settlement recorded on 26.11.2014 before Counselling Cell, Family Court, North-East District, Vishwas Nagar, Delhi has been arrived at between the parties in the matter. 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 in terms of settlement recorded on 26.11.2014. As per said Settlement, the petitioners were required to pay a CRL.M.C. 4881/2017

sum of ₹1,00,000/- to the respondent No. 2 at the time of quashing the FIR. She states that she has received a sum of Rs.1,00,000/- (Rupees One Lakh only) through Demand Draft No.013728 dated 23.11.2017 drawn on Bank of Baroda, Maujpur, Delhi and Rs.20,000/- (in lieu of delay of payment for two and half years) in cash in the court. She further 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.488/2007 for the offences punishable under Sections 498-A/406/34 of Indian Penal Code, 1860 registered at Police Station-Rohini, Delhi and proceedings pursuant thereto are hereby quashed.

The petition is disposed of.

SANGITA DHINGRA SEHGAL, J DECEMBER 08, 2017/ssc CRL.M.C. 4881/2017