Kishan @ Rahul v. The State ( NCT Of Delhi) & ANR

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1850/2016 KISHAN @ RAHUL ..... Petitioner Represented by:

Mr. Abhishek Vikram with Mr.

Vikram Pradeep, Advs. with petitioner.

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

Mr. Ankit Kumar Gulia, proxy counsel for ASC with SI Shri Bhagwan, PS Neb Sarai.

Ms. Vasundhra Bhardwaj, Adv.

for R-2 with R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 02.05.2017 By the present petition, the Petitioner seeks quashing of FIR No. 40/2016 under Sections 354 and 354D IPC registered at PS Neb Sarai, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto as the parties have settled the matter.

Learned APP for the State on instructions states that in the above noted FIR, the petitioner is the only accused and respondent No.2 the only complainant/victim.

Respondent No. 2 who is present in Court and identified by learned counsel and the Investigating Officer states that she has settled the matter with the petitioner vide settlement deed dated 30th May, 2016 a copy whereof has been placed on record at pages 9 to 31 along with Annexure E which is an undertaking by the petitioner that he would neither contact

respondent No.2 nor her family members nor cause any harm to them. He further undertook that if in future any harm is caused to respondent No.2 or her family members, any legal action can be taken against him. Respondent No.2 states that since the petitioner has apologized for his act and undertaken not to repeat such offence, she does not wish to pursue the above noted FIR and the proceedings pursuant thereto. The petitioner who is present in Court and identified by learned counsel affirms the statement of respondent No.2 and tenders his unqualified apology to respondent No.2. He assures that he will not misbehave with respondent No.2 and her family members. To show remorse, the petitioner undertakes to pay costs.

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, 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. 40/2016 under Sections 354 and 354D IPC registered at PS Neb Sarai, Delhi and proceedings pursuant thereto are hereby quashed, subject to the petitioner depositing a costs of ₹25000/- 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.

MAY 02, 2017/'v mittal'