Balraj & ORS v. The State Govt Of NCT Of Delhi & ANR

$~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5093/2017 BALRAJ & ORS ..... Petitioners Through:

Mr.Dipika Jain and Mr.A. Jain, Advs.

with Petitioners in person.

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

Mr.Mukesh Kumar, APP for State / respondent No.1 with SI Bhagat Singh from PS-Ashok Vihar.

Mr.Rajiv Thukral, Adv. for R-2 with R-2 in person.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 05.12.2017 Crl. M.A.No.20040/2017 (exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.

Crl. M.C.No.5093/2017 The instant petition has been filed by the petitioners seeking quashing of FIR No.378/2015 registered at Police Station-Ashok Vihar, Delhi, for the offences punishable U/s 498-A/406/34 of Indian Penal Code, 1860 (in short „IPC‟) on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that a compromise/settlement before Mediation Centre, Rohini District Courts, Delhi dated 09.02.2017 has been arrived at between the parties in the matter.

CRL.M.C. 5093/2017

Respondent No. 2 is present in Court today and is identified by counsel and the Investigating Officer. She states that she has settled the matter with the petitioner in terms of order dated 09.02.2017 of Mediation Centre, Rohini District Courts, Delhi. As per said settlement, the petitioners were required to pay a sum of ₹2,40,000/- to the respondent No. 2 at the time of quashing the FIR. She states that she has received a sum of Rs.2,40,000/- through DD No.516596 dated 04.12.2017 drawn on ICICI Bank, Connaught Place, New Delhi and 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.378/2015 registered at Police Station-Ashok Vihar, Delhi, for the offences punishable U/s 498-A/406/34 of Indian Penal Code, 1860 (in short „IPC‟) and proceedings pursuant thereto are hereby quashed.

The petition is disposed of.

SANGITA DHINGRA SEHGAL, J DECEMBER 05, 2017/ssc CRL.M.C. 5093/2017