Rajeev v. State (NCT Of Delhi) & ANR.

$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 685/2018 RAJEEV .... Petitioner Represented by:

Mr.Animesh Mishra, Advocate versus STATE (NCT OF DELHI)& ANR.

... Respondents Represented by:

Mr.Avi Singh, ASC for the State with Ms.Purnima Malik, Advocate with ASI Phool Kumar, PS Mundka Mr.Anubhav Sharawat with Mr.Danveer Singh, Advocates for respondent No.2

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 05.03.2018 Crl.M.A.No.4118/2018 (Exemption) Allowed, subject to all just exceptions.

W.P.(CRL) 685/2018 By the present petition the petitioner seeks quashing of FIR No.205/2013 under Sections 354B/509/323 IPC registered at PS Mundka, 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 petitioner is the only accused and respondent No.2 the only complainant/victim. W.P.(CRL) 685/2018

Respondent No. 2 is present in Court and is identified by the learned counsel and the Investigating Officer. She states that she has entered into a holistic settlement with petitioner's brother Gaurav, her ex-husband and his family members including the petitioner before the Delhi Mediation Centre, Tis Hazari Courts, Delhi on 6th September, 2017. Pursuant to the settlement divorce by mutual consent between Gaurav and respondent No.2 has been granted. She states that she does not wish to pursue the above-noted FIR and the proceedings pursuant thereto and will abide by the terms of the settlement arrive at between the parties.

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.

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.205/2013 under Sections 354B/509/323 IPC registered at PS Mundka, 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.

MARCH 05, 2018 MUKTA GUPTA, J.

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W.P.(CRL) 685/2018