Subhash Chand & ANR v. The G N C T Of Delhi & ANR

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2166/2016 SUBHASH CHAND & ANR ..... Petitioner Represented by:

Mr. L.K. Passi & Ms. Leela Suman, Advs. with petitioners.

versus THE G N C T OF DELHI & ANR ..... Respondent Represented by:

Mr. Ashok Kumar Garg, APP with SI Kali Charan, PS Ashok Vihar.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 14.02.2017 By this petition, the petitioner Nos. 1 and 3 seeks quashing of FIR No.323/2007 under Sections 354/506/341/34 IPC registered at PS Ashok Vihar on the complaint of petitioner No.2 and the proceedings pursuant thereto as the parties have settled the matter. Learned APP for the State on instructions submits that in the above noted FIR, petitioner Nos. 1 and 3 are the only accused and petitioner No.2 the only complainant/victim. He further states that though the FIR was registered under Sections 354/506/341/34 IPC, the charge sheet was also filed for the same offences though inadvertently in the charge sheet instead of Section 506, Section 306 IPC has been mentioned. Petitioner No.2 who is present in Court and identified by learned counsel and the investigating officer submits that she has settled the matter with the petitioners 1 and 3 and having married with petitioner No.1 she is

living with him happily. She states that she does not wish to pursue the above noted FIR and the proceedings pursuant thereto. Petitioner Nos. 1 and 3 who are present in Court and identified by learned counsel affirm the statement of petitioner No.2.

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.323/2007 under Sections 354/506/341/34 IPC registered at PS Ashok Vihar, Delhi and proceedings pursuant thereto are hereby quashed.

Petitioners 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 14, 2017 'v mittal'