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High Court of DelhiCRL.M.C./3030/2016

Kapil Choudhary @ Bobby v. The State ( NCT Of Delhi) & ANR

2016-09-16Hon'Ble Ms. Justice Mukta Gupta2 pages

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3030/2016 KAPIL CHOUDHARY @ BOBBY ..... Petitioner Represented by:

Mr. Gaurav Kochar, Adv.

versus THE STATE ( NCT OF DELHI) & ANR ..... Respondent Represented by:

Mr. Hirein Sharma, APP with SI Devendra Prasad, PS Seelam Pur and SI Naresh, PS Geeta Colony.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 16.09.2016 Though no steps for service of respondent No.2 were taken however respondent No.2 is present in Court.

By the present petition, the petitioner seeks quashing of FIR No.368/2014 under Sections 308/34 IPC registered at PS Geeta Colony on the complaint of respondent No.2 and proceedings pursuant thereto as the parties have settled the matter.

Learned APP for the State on instructions from the investigating officer submits that besides the petitioner one more juvenile was involved in the present FIR and proceedings against him have already culminated before the Juvenile Justice Board. He further states that respondent No.2 is the only complainant/victim in the present FIR.

Respondent No.2 is present in Court and is identified by the investigating officer. He submits that he has settled the matter with the petitioner and does not wish to pursue the above noted FIR and 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.368/2014 under Sections 308/34 IPC registered at PS Geeta Colony, Delhi and proceedings pursuant thereto are hereby quashed subject to the petitioner depositing a sum of `20000/- as costs in the Juvenile Justice Fund maintained by Registrar General of this Court within four 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.

SEPTEMBER 16, 2016 'v mittal'