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High Court of DelhiW.P.(CRL)/408/2019

Ajay @ Hemraj Chauhan v. State & ANR.

2019-02-07Hon'Ble Ms. Justice Mukta Gupta2 pages

$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 408/2019 AJAY @ HEMRAJ CHAUHAN ..... Petitioner Represented by:

Mr.Shray Kaushal, Advocate versus STATE & ANR.

..... Respondents Represented by:

Mr.R.S.Kundu, ASC for the State with ASI Prabhu Dayal, PS Hauz Qazi Mr.Ishwar Singh, Advocate for R-2

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 07.02.2019 Crl.M.A.No.2869/2019 Allowed subject to just exceptions.

W.P.(Crl.) No.408/2019 1.

By this petition, the petitioner seeks quashing of FIR No.89/2016 under Sections 354/354-A/354-B/509 IPC registered at PS Hauz Qazi on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. 2.

Learned Additional Standing Counsel for the State on instructions submits that in the above noted FIR the petitioner is the only accused and the respondent No.2 is the only complainant/victim. W.P.(CRL) 408/2019

3.

Respondent No.2 who is present in Court and is identified by the learned counsel states that she has settled the matter with the petitioner vide compromise deed on which no date has been mentioned except that it has been notarized on 2nd February, 2019 copy whereof is annexed as Annexure A-2 to the present petition.

4.

Petitioner who is present in Court and is identified by the learned counsel affirms the statement of respondent No.2 and undertakes to abide by the terms of settlement arrived at between the parties. 5.

In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion 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.

6.

Consequently, FIR No.89/2016 under Sections 354/354-A/354-B/509 IPC registered at PS Hauz Qazi and proceedings pursuant thereto are hereby quashed.

7.

Parties have signed this order sheet in acknowledgment of their statements made before this Court.

8.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

FEBRUARY 07, 2019 mamta W.P.(CRL) 408/2019