Devender Mehta v. State ,Government Of NCT Of Delhi & ANR

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + DEVENDER MEHTA ..... Petitioner Represented by:

Mr. Jatin Rajput, Adv.

DHCLSC.

versus STATE ,GOVERNMENT OF NCT OF DELHI & ANR ..... Respondent Represented by:

Mr. Ashok Kr. Garg, APP with ASI Rajender, PS Geeta Colony, SI Devender PS Seelampur.

R-2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 20.02.2017 By the present petition the petitioner seek quashing of FIR No. 699/2014 under Sections 354A/323/509 IPC registered at PS Geeta Colony, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned APP for the State on instructions from Investigating Officer submits that in the above-noted FIR lodged on the complaint of respondent No.2 though in the FIR she stated that her daughter was also beaten, however in her statement under Section 164 Cr.P.C. respondent No.2 clarified that it was her minor son Yogender Jha who intervened in the

matter and was abused by the petitioner. Thus the respondent No.2 is the complainant/ victim and respondent No.3 her minor son the other victim. No other victim is involved and the petitioner is the only accused. Respondent No. 2 is present in Court and is identified by the Investigating Officer. She on her behalf and on behalf of her minor son Yogender Jha states that she has settled the matter with the petitioner and does not wish to pursue the above-noted FIR and the proceedings pursuant thereto.

The petitioner who is present in Court and is identified by the learned counsel affirms the statement of respondent No.2 and assures that there would be no cause of grievance to the respondent No.2 or her family members in future.

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. 699/2014 under Sections 354A/323/509 IPC registered at PS Geeta Colony, Delhi and proceedings pursuant thereto are hereby quashed.

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.

FEBRUARY 20, 2017 'ga'