High Court of DelhiCRL.M.C./2689/2016

Subodh Gupta v. State & ANR

2017-03-17Hon'Ble Ms. Justice Mukta Gupta2 pages

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2689/2016 SUBODH GUPTA ..... Petitioner Represented by:

Mr. Brahmanand Gupta, Advocate versus STATE & ANR ..... Respondents Represented by:

Mr. Ravi Nayak, APP for the State with IO SI Vikas Kumar, PS Bindapur

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 17.03.2017 By the present petition, the Petitioners seek quashing of FIR No.192/2014 under Section 324 IPC registered at PS Bindapur, Delhi on the complaint of Respondent No.2 and proceedings pursuant thereto. Learned counsel for the State on instructions from Investigating Officer states that the Petitioner is the only accused, Respondent No.2 is the complainant/victim and Respondent nos. 3 to 5 the other victims in the above noted FIR.

Respondent Nos. 2 to 5 are present in Court and are identified by the Investigating Officer. They state that the above noted FIR was registered after the petitioner, who is the ex-husband of respondent no.5, inflicted injuries by a kitchen knife on respondent nos. 2 to 5. However, after the incident, the parties have settled the matter as per the terms recorded in joint

statement of the parties in HMA 640/2015 and the marriage between the Petitioner and Respondent No.5 has been dissolved by a decree of divorce by mutual consent. Respondent Nos. 2 to 5 state that they do not want to pursue the abovementioned FIR and the proceedings pursuant thereto. Petitioner who is present in the Court and is identified by the counsel, affirms the statement made by respondent nos. 2 to 5 and state that he will abide by the terms of settlement recorded in joint statement of the parties in HMA 640/2015.

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. 192/2014 under Sections 324 IPC registered at PS Bindapur, Delhi and proceedings pursuant thereto are hereby quashed. Parties have signed this order sheet in acknowledgment of their statements made before this Court.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

MARCH 17, 2017 'sm'