Aman @ Sameer v. State (NCT Of Delhi) & ANR.
$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2070/2016 AMAN @ SAMEER ..... Petitioner Represented by:
Mr. Khushbir Singh, Adv.
versus STATE (NCT OF DELHI) & ANR.
..... Respondent Represented by:
Ms. Kamna Vohra, ASC with WSI Rakhi PS Bharat Nagar.
Ms. Shaiza, Adv. for R-2 with R-2 in person.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
O R D E R
% 02.08.2016 By the present petition, the Petitioner seeks quashing of FIR No. 136/2016 under Sections 354/354-A/354-D/506/509 IPC registered at PS Bharat Nagar, Delhi on the complaint of Respondent No.2. Since the petitioner was in custody on the last date of hearing this Court had directed the Superintendent Tihar Jail to produce him, however the report has been received that the petitioner has been released on bail and thus he is no more in custody therefore the petitioner is present in person. Learned Additional Standing Counsel for the State on instructions from Investigating Officer states that petitioner is the only accused in the aforementioned FIR and the respondent No.2 the only complainant/ victim. W.P.(CRL) 2070/2016
Learned Additional Standing Counsel submits that when the incident took place respondent No.2 was a minor her date of birth being 21st July, 1998, however now she is a major.
Respondent No. 2 is present in Court and is identified by her counsel and the Investigating Officer. She states that the above-noted FIR was registered in some confusion and the incident alleged actually did not happen. She states that she has settled the matter with the petitioner who is her cousin brother and does not want to pursue the abovementioned FIR and the proceedings pursuant thereto.
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. 136/2016 under Sections 354/354-A/354D/506/509 IPC registered at PS Bharat Nagar, 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.
AUGUST 02, 2016 'ga'
W.P.(CRL) 2070/2016