Mukesh v. The State (Govt Of NCT) & ANR

15# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1539/2016 MUKESH ..... Petitioner Represented by:

Mr. Mithilesh K. Singh and Mr.

Tarun Verma, Advocates with petitioner in person.

versus THE STATE (GOVT OF NCT) & ANR ..... Respondents Represented by:

Mr. Ashok K. Garg, APP for the State with ASI Harvir Singh, PS Madhu Vihar.

Respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 03.08.2016 By the present petition the petitioner seeks quashing of FIR No. 159/2013 under Sections 354/506 IPC registered at PS Madhu Vihar, 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. Saraswati who is present in Court and is identified by the Investigating Officer states that the petitioner is her uncle and since he has apologised, she has settled the matter with the CRL.M.C. 1539/2016

him and in terms of the settlement between the parties, she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto as they are living in the neighbourhood.

Petitioner, who is also present in Court and is identified by the learned counsel states that he will 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. 159/2013 under Sections 354/506 IPC registered at PS Madhu Vihar, Delhi and proceedings pursuant thereto are hereby quashed, subject to the petitioner depositing a sum of `10,000/- with the Bar Council of Delhi Indigent and Disabled Lawyers' Account within three 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.

AUGUST 03, 2016/'vn'

CRL.M.C. 1539/2016