Amit Kumar & Ors v. The State Govt of NCT of Delhi & Anr

Delhi High Court · 30 Nov 2017 · 2017:DHC:8278
A.K. Pathak
CRL.M.C. 4029/2017
2017:DHC:8278
criminal appeal_allowed

AI Summary

The Delhi High Court quashed two FIRs based on a voluntary and amicable settlement between the parties, exercising its inherent powers under Section 482 CrPC.

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$-31 &32 HIGH COURT OF DELHI
CRL.M.C. 4029/2017
AMIT KUMAR & ORS Petitioners
Through: Mr. C.M. Grover, Adv.
VERSUS
THE STATE GOVT OF NCT OF DELHI & ANR Respondents
Through: Ms. ManjeetArya, APP for State with SI Maneesh Kumar, P.S. Anand
Vihar.
Mr. Aashish Kumar Singh and Mr. Anil Kumar, Advs. for R-2 along with
R-2 in person.
AND
CRL.M.C. 4031/2017
AMIT KUMAR & ORS Petitioners
Through: Mr. C.M. Grover, Adv.
VERSUS
THE STATE GOVT OF NCT OF DELHI & ANR Respondents
Through: Mr. M.S. Oberoi, APP for State with SI Jitender Kumar, P.S. Welcome.
Mr. Aashish Kumar Singh and Mr. Anil Kumar, Advs. for R-2 along with
R-2 in person.
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK
30.11.2017 By these petitions, it has been prayed that following two FIRs may be quashed :-
2017:DHC:8278 'v w u
ORDER

1) FIR No. 340/2010 under Sections 323/341/354/506/34 IPC was registered at police station Anand Vihar on the complaint ofrespondent no.2;

2) FIR No. 13/2011 under Sections 498A/406/34 IPC was registered at police station Welcome Colony on the complaint ofrespondent no.2. Other petitioners, inboth the petitions, are relatives ofpetitioner no. 1. It is submitted that matter has been amicably settled between the petitioner no.l and respondent no.2 vide Compromise Deed dated 24'^ May, 2012, therefore, aforesaid FIRs and the consequent proceedings emanating therefrom may be quashed. Respondent no.2 is present in Court and has been identified by SI Jitender Kumar of police station Welcome Colony. Respondent no.2 submits that she has settled the matter with the petitioner no.l of her own free will and without any undue force, pressure or coercion. She further submits that her marriage with petitioner no.l has already been dissolved by a decree of divorce dated 7^*^ July, 2014 passed by the Family Court, Shahdara District, Delhi. She also admits having received entire settled amount and she has no objection in case both the aforesaid FIRs are quashed againstthe petitionerno.l and his relatives. Keeping in mind that a settlement has been arrived at between the; petitioner no.l and respondent no.2 voluntarily, aforesaid FIRs and the consequent proceedings emanating therefrom arequashed. Both the petitions are disposed of in the above terms. Dasti. i-. A.K. PATHAK, J. NOVEMBER 30, 2017 ga