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High Court of DelhiCRL.M.C./1574/2016

Sahil Gupta v. State Thr.Chief Secretary Govt. Of NCT Of Delhi & ANR.

2016-12-01Hon'Ble Ms. Justice Mukta Gupta2 pages

18# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1574/2016 SAHIL GUPTA ..... Petitioner Represented by:

Mr. Shekhar Gupta, Advocate with petitioner in person.

versus STATE THR.CHIEF SECRETARY GOVT. OF NCT OF DELHI & ANR.

..... Respondents Represented by:

Mr. Hirein Sharma, APP for the State with PSI Deepak Kumar, PS Naraina.

Mr. Mohit Gupta, Advocate for respondent No.2 with Respondent No. 2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 01.12.2016 By the present petition the petitioner seeks quashing of FIR No. 128/2014 under Sections 354/506/323/452 IPC registered at PS Naraina, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned APP for the State on instructions from the Investigating Officer submits that in the above noted FIR the petitioner is the only accused and the respondent No.2 is the only complainant/victim. The complainant/Respondent No. 2 Ms. Shikha Khanna, who is present in Court and is identified by the learned counsel and the Investigating Officer states that a settlement agreement had been arrived at CRL.M.C. 1574/2016

between the parties, that is, family of the petitioner and family of respondent No.2 on 4th July, 2014, copy whereof is annexed at pages 36 to 38 of the paper-book. In terms of the said settlement, the civil dispute has already been sorted out and both the parties are withdrawing their respective criminal cases against each other. She states that she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. Petitioner who is present in Court and is identified by the learned counsel affirms the statement of respondent No.2 and states that he will abide by the terms of the settlement dated 4th July, 2014. 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. 128/2014 under Sections 354/506/323/452 IPC registered at PS Naraina, 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.

DECEMBER 01, 2016/'vn'

CRL.M.C. 1574/2016