Mohd Zahid & ORS v. The State Govt Of NCT Of Delhi & ORS

$~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5116/2017 MOHD ZAHID & ORS ..... Petitioners Through:

Mr. S. Hasan M. Zaidi, Advocate with petitioner no.1 in person.

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

Mr. Akshai Malik, APP for State with ASI Virender, P.S. Zafrabad.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 07.12.2017 Crl. M.A.No.20162/2017 (exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.

CRL.M.C. 5116/2017 The instant petition has been filed by the petitioners seeking quashing of FIR No.103/2016, under Sections 498-A/406/34 IPC & 4 D.P. Act registered at Police Station-Jafrabad, Delhi on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have amicably settled their disputes.

Learned counsel for the petitioners submits that the petitioner No.2 to 4 are absent today and he has instructions to depose before this Court on their behalf. The petitioners No.2 to 4 are exempted from personal appearance through their counsel. Statement of their counsel has been recorded.

CRL.M.C. 5116/2017

Respondent No.2 is present in Court today. She states that she has settled the matter with the petitioners with her own free will and choice without any threat, pressure and coercion as per the terms and conditions recorded on 21.03.2017 before Delhi Mediation Centre, Karkardooma Courts, Delhi and she does not wish to pursue the abovementioned FIR and the proceedings pursuant thereto.

Respondent No.2 further states that she has already received part settlement amount of Rs.1,50,000/- from the petitioners and today she has received the balance amount of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand Only) from the petitioners through Demand Draft No.033805 dated 14.09.2017 drawn on Punjab & Sind Bank. 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.103/2016, under Sections 498-A/406/34 IPC & 4 D.P. Act registered at Police Station-Jafrabad, Delhi and all the proceedings pursuant thereto are hereby quashed.

The petition is disposed of SANGITA DHINGRA SEHGAL, J DECEMBER 07, 2017/afa CRL.M.C. 5116/2017