Anirudh Gupta v. The State & ORS

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 741/2019 ANIRUDH GUPTA ..... Petitioner Represented by:

Mr. Lalit Kumar Sharma, Advocate.

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

Mr. Rajesh Mahajan, ASC with Ms.

Jyoti Babbar, Advocate with SI Rahul, PS Subzi Mandi.

Mr. Manmohan Goel, Advocate for R2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 13.03.2019 Crl.M.A. No. 5399/2019 (Exemption) Allowed, subject to all just exceptions.

W.P.(CRL) 741/2019 By the present petition the petitioner seeks quashing of FIR No. 108/2018 under Sections 419/420/511 IPC and Section 66C/66D of Information and Technology Act registered at PS Subzi Mandi, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. 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. Respondent No. 2 who is present in Court and is identified by the learned counsel and Investigating Officer states that the above noted FIR W.P.(CRL) 741/2019

was registered pursuant to a dispute which arose between the petitioner and his wife who is the sister of the respondent No. 2 and the matrimonial dispute between the petitioner and her sister have been settled by the Memorandum of Understanding dated 23rd April, 2018 and the statement for 2nd motion for divorce by mutual consent has been recorded between the two of them, thus she does not wish to pursue the abovementioned FIR and the proceedings pursuant thereto.

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. 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. 108/2018 under Sections 419/420/511 IPC and Section 66C/66D of Information and Technology Act registered at PS Subzi Mandi, Delhi registered at PS Subzi Mandi, Delhi and proceedings pursuant thereto are hereby quashed.

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

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

MARCH 13, 2019 'yo'

W.P.(CRL) 741/2019