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High Court of DelhiCRL.M.C./2035/2016

Charanjit Singh Banga v. State ( NCT Of Delhi) & ANR

2017-01-16Hon'Ble Ms. Justice Mukta Gupta2 pages

17# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2035/2016 CHARANJIT SINGH BANGA ..... Petitioner Represented by:

Mr. O.P. Gulabani, Advocate with petitioner in person.

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

Ms. Rajni Gupta, APP for the State with ASI Ramesh Kumar, PS Malviya Nagar.

Mr. S.M. Anis, Mr. H.S. Sodhi and Mr. Ujjwal Dogra, Advocates for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 16.01.2017 By the present petition the petitioner seeks quashing of FIR No. 1498/2014 under Sections 323/341/354/427 IPC registered at PS Malviya 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 the petitioner is the only accused and the respondent No.2 is the complainant/victim in the above noted FIR.

Respondent No. 2 who is present in Court and is identified by the CRL.M.C. 2035/2016

learned counsel and the Investigating Officer states that she has settled the matter with the petitioner in a composite settlement/compromise deed dated October, 2015. Copy of the composite settlement/compromise deed is annexed as Annexure -D from pages 103 to 117 of the paper-book. She states that she 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 affirms the statement of respondent No.2 and states that he will abide by the terms of settlement 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, 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. 1498/2014 under Sections 323/341/354/427 IPC registered at PS Malviya Nagar, Delhi and proceedings pursuant thereto are hereby quashed.

Parties have signed this order sheet in acknowledgment of their statements made before this Court.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

JANUARY 16, 2017/'vn'

CRL.M.C. 2035/2016