Mushtaq Ahmed v. The State Govt Of NCT Of Delhi & ANR

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 474/2018 MUSHTAQ AHMED ..... Petitioner Represented by:

Mr.Abdul Salam, Advocate versus THE STATE GOVT OF NCT OF DELHI & ANR ..... Respondents Represented by:

Mr.Rajesh Mahajan, ASC for the State with SI Ashish, PS Bhajanpura R-2 in person

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 06.12.2018 1.

Though no steps have been taken for service of respondent No.2 however respondent No.2 is present in Court.

2.

By this petition, the petitioner seeks quashing of FIR No.63/2017 under Sections 354/342 IPC registered at PS Bhajan Pura, Delhi 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 petitioner is the only accused and the respondent No.2 is the only complainant/victim. 3.

Respondent No.2 who is present in Court and is identified by the Investigating Officer states that she has settled the matter with the petitioner vide settlement deed dated 22nd January, 2018, copy whereof is W.P.(CRL) 474/2018

annexed at pages 25 to 27 of the paper book. She states that in terms of the settlement she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto.

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 and to show remorse undertakes to deposit cost. 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.63/2017 under Sections 354/342 IPC registered at PS Bhajan Pura, Delhi and proceedings pursuant thereto are hereby quashed subject to petitioner depositing a sum of ₹5,000/- with the Delhi High Court Staff Welfare Fund within four weeks. 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.

DECEMBER 06, 2018 mamta W.P.(CRL) 474/2018