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High Court of DelhiW.P.(CRL)/815/2018

Pradeep Vajpai & ANR v. State & ANR

2018-04-17Hon'Ble Ms. Justice Mukta Gupta2 pages

34# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 815/2018 PRADEEP VAJPAI & ANR ..... Petitioners Represented by:

Mr. S.D. Kushwaha, Advocate with petitioners in person.

versus STATE & ANR ..... Respondents Represented by:

Mr. R.S. Kundu, Additional Standing Counsel for State and Mr. Suman Saharan, Advocate with ASI Surender Singh, , PS Ghazipur.

Mr. Siddharth Choudhary and Mr.Vikram Singh, Advocates for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 17.04.2018 By the present petition the petitioners seek quashing of FIR No. 286/2016 under Sections 354B/506341/34 IPC registered at PS Ghazipur, 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 from Investigating Officer submits that in the above-noted FIR the two petitioners are the only accused and the respondent No. 2 the complainant/victim. He also states that the above noted FIR is an offshoot of a matrimonial dispute between the petitioner No.1 and respondent No.2. W.P.(CRL) 815/2018

Respondent No. 2 is present in Court and is identified by the learned counsel and the Investigating Officer. She states that she has holistically settled the matter with the petitioner No.1, who is her ex-hsuband and all of his family members before the Delhi Mediation Centre, Karkardooma Courts on 8th May, 2017, copy whereof is annexed as Annexure -P2 to the present petition. In terms of the settlement she does not wish to pursue the above-noted FIR and the proceedings pursuant thereto. She undertakes to abide by the terms of the settlement.

The petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and undertake to abide by the terms of the 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, 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. 286/2016 under Sections 354B/506341/34 IPC registered at PS Ghazipur, 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.

APRIL 17, 2018/'vn'

W.P.(CRL) 815/2018