High Court of DelhiCRL.M.C./860/2017

Prasant Srivastav v. State & ANR.

2017-03-03Hon'Ble Ms. Justice Mukta Gupta2 pages

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 860/2017 PRASANT SRIVASTAV ..... Petitioner Represented by:

Mr. Uttam Das, Adv.

versus STATE & ANR.

..... Respondent Represented by:

Mr. Ashok Kumar Garg, APP with SI Usha Yadav, PS Sardarjung Enclave.

Mr. Pushpender Shukla, Adv.

for R-2 with R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 03.03.2017 Crl.M.A.3659/2017 Exemption allowed, subject to all just exceptions. Crl.M.C. 860/2017 & Crl.M.A. 3658/2017 By the present petition, the Petitioner seeks quashing of FIR No. 304/2011 under Sections 354/509/506/384/342 IPC registered at PS Safdarjung Enclave on the complaint of Respondent No.2 and proceedings pursuant thereto as the parties have settled the matter. Learned APP for the State on instructions states that in the above noted FIR the petitioner is the only accused and respondent No.2 the only complainant/victim.

Respondent No. 2 who is present in Court and identified by learned counsel states that she has settled the matter with the petitioner as per memorandum of understanding dated 17th

September, 2016 copy of which is placed at pages 25 and 26 of the paper book. She states that she does not wish to pursue the above noted FIR and the proceedings pursuant thereto. Petitioner who is present in Court and identified by learned counsel affirms the statement of respondent No.2 and assures that there will be no cause of grievance to respondent No.2. 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.

304/2011 under Sections 354/509/506/384/342 IPC registered at PS Safdarjung Enclave, 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, MARCH 03, 2017 'v mittal'