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High Court of DelhiCRL.M.C./1405/2017

Gurmeet Singh v. State (NCT Of Delhi) & ANR

2017-04-11Hon'Ble Ms. Justice Mukta Gupta3 pages

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + GURMEET SINGH ..... Petitioner Represented by:

Mr. Harmeet Singh, Adv.

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

Mr. Ashok Kr. Garg, APP with ASI Raj Kumar PS Punjabi Bagh.

Mr. Yesh Pal Saini, Adv. for R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 11.04.2017 By the present petition the petitioner seeks quashing of FIR No. 63/2015 under Sections 342/354A/506/509 IPC registered at PS Punjabi Bagh, 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 and other affective parties in the civil litigation before the Delhi High Court Mediation and Conciliation Centre on 16th October, 2015. Copy of the settlement agreement is annexed at pages 29 to 42 of the paper book. The settlement arrived at between the parties is a comprehensive settlement relating to partition of property 8/45-A, West Punjbai Bagh and all other related suits, testamentary case, FIRs and complaint cases. She states that in view of the comprehensive settlement arrived at between the parties which has been acted upon both by the petitioner and herself 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 has already acted upon the settlement agreement dated 16th October, 2015 and will continue to 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. 63/2015 under Sections 342/354A/506/509 IPC registered at PS Punjabi Bagh, 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.

APRIL 11, 2017 'ga'