Nitin Pandey & ORS v. State Of Delhi & ANR

$~72 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5255/2017 NITIN PANDEY & ORS ..... Petitioners Through:

Mr.Gaurav Malhotra, Adv.

with Petitioners in person.

versus STATE OF DELHI & ANR ..... Respondents Through:

Mr.Arun Kr. Sharma, APP for State / respondent No.1 with IO.

Mr.A.K.Verma, Adv. for R-2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 14.12.2017 Crl. M.A.No.20661/2017 (exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.

Crl. M.C.No.5255/2017 The instant petition has been filed by the petitioners seeking quashing of FIR No.388/2013 for the offences punishable under Sections 498A/406/34 IPC registered at PS-Chhawla, Delhi on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that a compromise/settlement/order dated 15.03.2017 recorded before Mediation Centre, Dwarka Courts, New Delhi has been arrived at between the parties in the matter.

CRL.M.C. 5255/2017

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 order dated 15.03.2017. As per said Settlement agreement, the petitioners were required to pay a sum of ₹1,00,000/- to the respondent No. 2 at the time of quashing the FIR. She states that today she has received a sum of Rs.1,00,000/-(Rupees One Lakh only) through DD No. 437444 dated 07.12.2017 drawn on Bank of India, Delhi, from the petitioners 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.388/2013 for the offences punishable under Sections 498A/406/34 IPC registered at PS-Chhawla, Delhi and proceedings pursuant thereto are hereby quashed. The petition is disposed of.

SANGITA DHINGRA SEHGAL, J DECEMBER 14, 2017/ssc CRL.M.C. 5255/2017