Saurabh Maria v. State & ANR

26# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1039/2016 SAURABH MARIA ..... Petitioner Represented by:

Mr. Akashy Malik, Advocate with petitioner in person.

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

Mr. Ashok K. Garg, APP for the State with SI Randhir, PS Fateh Pur Beri.

Mr. Arpit Bhargava, Advocate for respondent no. 2 with respondent No. 2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 18.07.2016 By the present petition the petitioner seeks quashing of FIR No. 408/2013 under Sections 354/354D/323/341/506 IPC registered at PS Fatehpur Beri, Delhi on the complaint of Respondent No.2 on the ground that the parties have settled the matter.

Learned APP for the State on instructions from the Investigating Officer states that besides the petitioner there is no other accused and besides the respondent No.2 there is no other complainant or victim in the present FIR. The complainant/Respondent No. 2 Ms. Heena Gupta who is present in Court and is identified by the learned counsel and the Investigating Officer states that she has settled the matter with the petitioner as per the settlement deed dated 29th February, 2016 copy whereof is annexed as P-5 to the petition along with the undertaking filed by the petitioner, copy whereof is annexed as CRL.M.C. 1039/2016

P-6 at pages 36 to 41 of the petition and in terms of the settlement between the parties, she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto.

Petitioner, who is also present in Court and is identified by the learned counsel states that he will abide by the terms of Settlement Deed dated 29th February, 2016 and the undertaking given by him. 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. 408/2013 under Sections 354/354D/323/ 341/506 IPC registered at PS Fatehpur Beri, Delhi and proceedings pursuant thereto are hereby quashed, subject to the petitioner depositing a sum of `15,000/- with the Juvenile Justice Fund maintained by the Registrar General of this Court within two weeks.

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.

JULY 18, 2016/'vn'

CRL.M.C. 1039/2016