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High Court of DelhiCRL.M.C./2224/2016

Ashok Verma v. The State (Govt Of NCT) & ANR

2017-03-23Hon'Ble Ms. Justice Mukta Gupta3 pages

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2224/2016 and Crl. M.A. No. 9253/2016 ASHOK VERMA ..... Petitioner Represented by:

Mr. Aniket Bhattacharya, Adv.

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

Mr. Ravi Nayak, APP with SI Nanka Ram, (Original IO) SI N.K. Singh PS Sarojini Nagar.

Ms. Vivya Nagpal, Adv. for R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 23.03.2017 By the present petition the petitioner seeks quashing of FIR No. 237/2013 under Sections 354D/509/323 IPC registered at PS Sarojini 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/ victim. 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 vide settlement deed 12th May, 2016 after the petitioner apologised to her and assured that there will be no misconduct in future. She states that she does not wish to pursue the above-noted 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 Tendering his unqualified apology he assures that no such misbehaviour will take place with anyone in future. He states that he will abide by the terms of settlement arrived at between the parties on 12th May, 2016. To show remorse the petitioner undertakes to deposit the cost.

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. 237/2013 under Sections 354D/509/323 IPC registered at PS Sarojini Nagar, Delhi and proceedings pursuant thereto are hereby quashed subject to the petitioner depositing a sum of ₹15,000/- 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.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

MARCH 23, 2017 'ga'