High Court of DelhiCRL.M.C./2573/2016

Renu Pokhriyal & ANR. v. State & ANR.

2016-07-25Hon'Ble Ms. Justice Mukta Gupta2 pages

48# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2573/2016 RENU POKHRIYAL & ANR.

..... Petitioners Through:

Mr. Anuj K. Ranjan, Advocate with petitioners in person.

versus STATE & ANR.

..... Respondents Through:

Mr. Ravi Nayak, APP for the State with SI Prempal, PS Mandawali.

Mr.V.S. Dubey, Advocate for respondent with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 25.07.2016 Crl.M.A. No. 11055/2016 (Exemption) Allowed, subject to all just exceptions.

CRL.M.C. 2573/2016 By the present petition the petitioner seeks quashing of FIR No. 1129/2014 under Sections 323/380/452/34 IPC registered at PS Mandawali Fazadpur, 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 the Investigating Officer states that besides the petitioner there is no other accused and besides the respondent No.2 there is no other complainant or victim in the present FIR.

CRL.M.C. 2573/2016

The complainant/Respondent No.2 Ms.Neera Joshi who is present in Court and is identified by the learned counsel and the Investigating Officer states that she has settled the matter with the petitioners and in terms of the settlement between the parties, she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. Petitioners, who are also present in Court and are identified by the learned counsel states that they will abide by the terms of settlement. 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. 1129/2014 under Sections 323/380/452/34 IPC registered at PS Mandawali Fazadpur, Delhi and proceedings pursuant thereto are hereby quashed, subject to the petitioners depositing a sum of `5,000/- each with the Juvenile Justice Fund maintained by the Registrar General of this Court within two weeks.

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.

JULY 25, 2016/'vn'

CRL.M.C. 2573/2016