Raish v. State & ANR

62# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + RAISH ..... Petitioner Through:

Mr. Faisal Naseem, Advocate with petitioner in person.

versus STATE & ANR ..... Respondents Through:

Mr. Ashok K. Garg, APP for the State with SI Janak Singh, PS New Friends Colony.

Mr. Jatinder Choudhary and Mr.

Sourabh Sharma, Advocate for respondent No.2 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. 11107/2016 (Exemption) Allowed, subject to all just exceptions.

By the present petition the petitioner seeks quashing of FIR No. 482/2014 under Sections 354/509/506 IPC registered at PS New Friends Colony, Delhi on the complaint of Respondent No.2 on the ground that the parties have settled the matter.

Issue notice.

Learned APP accepts notice on behalf of the State.

Notice is accepted by learned counsel for the respondent who is present in Court along with respondent No.2.

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.

The complainant/Respondent No.2 Ms. Radhika Shukla 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 petitioner and in terms of the settlement between the parties, she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. Petitioner, who is also present in Court and is identified by the learned counsel states that he 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. 482/2014 under Sections 354/509/506 IPC registered at PS New Friends Colony, Delhi and proceedings pursuant thereto are hereby quashed, subject to the petitioner depositing a sum of `5,000/- with the Delhi High Court Legal Services Committee 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'