Manish Kapoor & ANR v. State (NCT Of Delhi) & ANR

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4938/2017 MANISH KAPOOR & ANR ..... Petitioners Through:

Mr.Mohinder Dhawan, Adv. with Petitioners in person.

versus STATE (NCT OF DELHI) & ANR ..... Respondents Through:

Mr.Amit Ahlawat, APP for State / respondent.

Mr.Sushil Kr., Adv. for Respondent No.2 with Respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 05.12.2017 Learned APP for the State submits that in the chargesheet filed before the Trial Court, one Poonam Kapoor w/o Shri Gulshan Kapoor has been kept in column no.12. However, she has not been summoned by the Trial Court.

Counsel for the petitioner submits that there were allegations against mother of the petitioner, namely, Chandra Kant and father, namely, Desh Raj Kapoor also in the chargesheet. However, they have expired. Counsel further submits that FIR No.20/2009 for the offences punishable under Sections 498-A/406/34 IPC registered at Police Station-CWC/Nanakpura, New Delhi and proceedings emanating therefrom may be quashed. Separate statement of the counsel for the petitioner in this recorded. CRL.M.C. 4938/2017

The instant petition has been filed by the petitioners seeking quashing of FIR No.20/2009 for the offences punishable under Sections 498-A/406/34 IPC registered at Police Station-CWC/Nanakpura, New Delhi on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that a compromise/settlement dated 04.03.2017 before Delhi Mediation Centre, Tis Hazari Courts, Delhi has been arrived at between the parties in the matter.

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.

Statements of the petitioners and respondent No.2 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.20/2009 for the offences punishable under Sections 498-A/406/34 IPC registered at Police Station-CWC/Nanakpura, New Delhi and proceedings pursuant thereto are hereby quashed.

The petition is disposed of.

SANGITA DHINGRA SEHGAL, J DECEMBER 05, 2017/ssc CRL.M.C. 4938/2017