Samir Irshad v. Govt. Of NCT Of Delhi & ANR.

4# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + SAMIR IRSHAD ..... Petitioner Represented by:

Mr. Saurabh Tyagi, Advocate with petitioner in person.

versus GOVT. OF NCT OF DELHI & ANR.

..... Respondents Represented by:

Ms. Meenakshi Chauhan, APP for Ms. Kamna Vohra, Additional Standing Counsel for State with ASI Shailendra Kumar, PS Hauz Qazi.

Mr. Mohd. Arif, Advocate for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 14.05.2018 By the present petition the petitioner seeks quashing of FIR No. 129/2017 under Sections 354 IPC registered at PS Hauz Qazi, 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 State appearing on behalf of learned Additional Standing Counsel for the State on instructions from Investigating Officer submits that in the above-noted FIR the petitioner is the only accused and the respondent No. 2 the complainant/victim.

Respondent No. 2 is present in Court and is identified by the learned counsel and the Investigating Officer. She states that she has settled the matter with the petitioner vide Settlement Deed dated 28th November, 2017 executed on 4th December, 2017, copy whereof is annexed at pages 27 to 30 as Annexure-C as the petitioner has apologised and assured that he will not misbehave in future. In terms of the settlement she 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 undertakes to abide by the terms of the settlement arrived at between the parties vide Settlement Deed. He further tenders is unqualified apology and assure that there will no misbehaviour in future and to show remorse the petitioner undertakes to deposit some costs also.

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.

Consequently, FIR No. 129/2017 under Sections 354 IPC registered at PS Hauz Qazi, Delhi and proceedings pursuant thereto are hereby quashed subject to the petitioner depositing a cost of ₹25,000/- with the Delhi High Court Staff Welfare Fund within two weeks.

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

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

MAY 14, 2018 'vn'