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High Court of DelhiCRL.M.C./1089/2017

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

2017-03-17Hon'Ble Ms. Justice Mukta Gupta3 pages

32# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + RAJEEV KHINDRI ..... Petitioner Represented by:

Mr. Mohit Jolly and Ms.

Jatinder Randhawa, Advocates with petitioner in person.

versus STATE (GOVT. OF NCT OF DELHI) & ANR.

..... Respondents Represented by:

Mr. Ravi Nayak, APP for the State with SI Mukesh, PS Sarita Vihar.

Mr. Rohit Bharadwaj and Mr.

Govind Manoharan, Advocates for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 17.03.2017 Crl. M.A. No.4507/2017 (exemption) Allowed, subject to all just exceptions.

By the present petition the petitioner seeks quashing of FIR No. 474/2016 under Sections 354/506/34 IPC registered at PS Sarita Vihar, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Issue notice.

Learned APP accepts notice on behalf of the State.

Learned APP for the State on instructions submits that in the above noted FIR the petitioner is the only accused and the respondent No.2 the complainant/ victim.

Notice is also accepted by learned counsel for the respondent No.2 who is present along with respondent No.2.

The Respondent No.2 Ms. Davinder Oberoi 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 in terms of the Compromise Agreement dated 24th February, 2017, copy whereof is annexed as Annexure -C at pages 29 to 31 of the paper-book. She states that she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto and she will abide by the terms of the settlement. Petitioner who is present in Court and is identified by learned counsel affirms the statement of respondent No. 2 and states that he will abide by the terms of the Compromise Agreement dated 24th February, 2017 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. 474/2016 under Sections 354/506/34 IPC registered at PS Sarita Vihar, Delhi and proceedings pursuant thereto are hereby quashed, subject to the petitioner depositing a sum of ₹5,000/- with

the Juvenile Justice Fund maintained by the Registrar General of this Court within four 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.

MARCH 17, 2017 'vn'