Jainendra Kumar v. State (Govt Of NCT Of Delhi) & ORS

49# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2706/2016 JAINENDRA KUMAR ..... Petitioner Represented by:

Mr. Ajayinder Sangwan, Mr.

Tarunesh Kumar, Mr. V.P.

Singh, Mr. Anirudh Kumar and Mr. Pradeep K. Sharma, Advocates with petitioner in person.

versus STATE (GOVT OF NCT OF DELHI) & ORS ..... Respondents Represented by:

Mr. A.K. Garg, APP for the State with SI Rajiv Kumar, PS M.S. Park, Delhi.

Mr. S.R. Saini, Advocate for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 01.08.2016 Crl. M.A. No. 11600/2016 (Exemption) Allowed, subject to all just exceptions.

CRL.M.C. 2706/2016 and Crl. M.A. No.11599/2016 (stay) By the present petition the petitioner seeks quashing of FIR No. 561/2014 under Sections 452/323/354/34 IPC registered at PS Man Sarovar Park, 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 CRL.M.C. 2706/2016

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. Omi Devi who is present in Court and is identified by the learned counsel states that she has settled the matter with the petitioner as the parties are living in neighbourhood 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. 561/2014 under Sections 452/323/354/34 IPC registered at PS Man Sarovar Park, 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 and application are disposed of. Order dasti. MUKTA GUPTA, J.

AUGUST 01, 2016/'vn'

CRL.M.C. 2706/2016