Chandan Kumar v. The State Govt Of NCT Of Delhi & ANR

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2492/2016 CHANDAN KUMAR ..... Petitioner Represented by:

Mr. Salim Alvi, Adv.

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

Ms. Rajni Gupta, APP with W/ASI Raj Sharma PS Gazipur.

Mr. Samar Inam Khan, Adv.

for R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 20.10.2016 By the present petition the petitioner seeks quashing of FIR No. 1008/2015 under Sections 377/506 IPC registered at PS Ghazipur, Delhi on the complaint of Respondent No.2 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 who is the husband of the respondent No.2 is the only accused and respondent No.2 the only complainant/ victim.

Respondent No. 2 is present in Court and is identified by her counsel and the Investigating Officer. She states that she has settled the matter with the petitioner. Both the petitioner and respondent No.2 along with their CRL.M.C. 2492/2016

children are living in the matrimonial home since January 2016 i.e. within less than three months of their separating they rejoined each other's company. She states that she has now no cause of grievance against the petitioner and does not wish to pursue the abovementioned FIR and the proceedings pursuant thereto.

Petitioner who is present in Court and is identified by the learned counsel affirm the statement of respondent No.2 and states that he will not give her any cause of grievance in future.

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. 1008/2015 under Sections 377/506 IPC registered at PS Ghazipur, Delhi and proceedings pursuant thereto are hereby quashed.

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

The petition is disposed of. Order dasti.

MUKTA GUPTA, J.

OCTOBER 20, 2016 'ga'

CRL.M.C. 2492/2016