Pawan v. The State And ORS

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 233/2016 PAWAN ..... Petitioner Represented by:

Mr. S.P. Mishra, Adv.

versus THE STATE AND ORS ..... Respondent Represented by:

Mr. Ashok Kumar Garg, APP with SI Pushpender PS Malviya Nagar, SI Navneet PS Mehrauli.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 02.08.2016 By the present petition, the Petitioner seeks quashing of FIR No. 708/2013 under Sections 354/323/506/34 IPC registered at PS Mehrauli, Delhi on the complaint of Respondent No.3.

Learned APP for the State on instructions from Investigating Officer submits that besides the petitioner name of one Manoj was taken in the FIR however no charge-sheet has been filed qua Manoj who has been kept in column No.12. He further states that in the present case Suresh/ respondent No.3 is the complainant whereas his wife respondent No.3 is the victim. Both Sunita and Suresh respondent No.2 and 3 are present in Court and are identified by the Investigating Officer. They state that they have CRL.M.C. 233/2016

settled the matter with the Petitioner and do not want to pursue the abovementioned FIR and the proceedings pursuant thereto. 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, 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. 708/2013 under Sections 354/323/506/34 IPC registered at PS Mehrauli, Delhi and proceedings pursuant thereto are hereby quashed subject to Pawan depositing a sum of `10,000/- in the Bar Council of Delhi Indigent and Disabled Lawyers Account within three months from today.

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

The petition is disposed of. Order dasti.

MUKTA GUPTA, J.

AUGUST 02, 2016 'ga'

CRL.M.C. 233/2016