High Court of DelhiCRL.M.C./5272/2017

Nitin Gupta & ORS. v. The State & ORS.

2017-12-15Hon'Ble Ms. Justice Sangita Dhingra Sehgal2 pages

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5272/2017 NITIN GUPTA & ORS.

..... Petitioners Through:

Ms.Shalini Sharma, Adv.

with Petitioner nos.1, 3 and 4 in person.

versus THE STATE & ORS.

..... Respondents Through:

Ms.Anita Abraham, APP for State / respondent No.1 with ASI Dharamvir from PS-Jaitpur.

Mr.Sanjeev Kr. Sharma, Adv. for R-2.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 15.12.2017 Crl. M.A.No.20706/2017 (exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.

Crl. M.C.No.5272/2017 The instant petition has been filed by the petitioners seeking quashing of FIR No.519/2016 for the offences punishable under Sections 498A/406/34 of Indian Penal Code, 1860 (in short „IPC‟) registered at PSJaitpur, Delhi on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that a compromise/settlement deed dated 05.05.2017 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 CRL.M.C. 5272/2017

the matter with the petitioners in terms of settlement deed dated 05.05.2017. As per clause 6 of the Settlement Deed, the petitioners were required to pay a sum of ₹50,000/- in cash to the respondent No. 2 at the time of quashing the FIR. She states that today she has received Rs.50,000/- (Rupees Fifty Thousand only) in cash and now 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.519/2016 for the offences punishable under Sections 498A/406/34 of Indian Penal Code, 1860 (in short „IPC‟) registered at PS-Jaitpur, Delhi and proceedings pursuant thereto are hereby quashed.

The petition is disposed of.

Dasti.

SANGITA DHINGRA SEHGAL, J DECEMBER 15, 2017/ssc CRL.M.C. 5272/2017