Pankhuri Srivastava v. The State & ANR

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2281/2016 PANKHURI SRIVASTAVA ..... Petitioner Represented by:

Mr. Nitesh Anan, Adv.

versus THE STATE & ANR ..... Respondent Represented by:

Mr. Ravi Nayak, APP with ASI Yatender PS New Ashok Nagar.

Mr. T. Singhdev, Adv. for R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 09.02.2017 By the present petition the petitioner seeks quashing of FIR No. 13/2013 under Sections 279/427 IPC registered at PS New Ashok Nagar, 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 Investigating Officer submits that in the above-noted FIR the petitioner is the only accused and respondent No.2 the only complainant. A status report has been filed as per which the charge for offence punishable under Section 279 IPC has only been framed against the petitioner.

CRL.M.C. 2281/2016

Respondent No. 2 is present in Court and is identified by the learned counsel and the Investigating Officer. She states that she has settled the matter with the petitioner and does not wish to pursue the above-noted FIR and the proceedings pursuant thereto.

The petitioner who is present in Court and is identified by the learned counsel affirm the statement of respondent No.2. Since the parties have already settled the matter of their own free will, volition and without any coercion no useful purpose will be served in continuing with the above-noted FIR and the proceedings pursuant thereto which would be an abuse of the process of the Court if continued. There is no legal impediment in quashing the FIR in question. Consequently, FIR No. 13/2013 under Sections 279/427 IPC registered at PS New Ashok Nagar, 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.

FEBRUARY 09, 2017 'ga'

CRL.M.C. 2281/2016