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High Court of DelhiW.P.(CRL)/2332/2016

Naresh Sharma v. State Through NCT Of Delhi & ANR

2016-08-08Hon'Ble Ms. Justice Mukta Gupta2 pages

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2332/2016 NARESH SHARMA ..... Petitioner Represented by:

Ms. Divyani Khanna, Adv.

with petitioner.

versus STATE REPRESENTED BY: NCT OF DELHI & ANR ..... Respondent Represented by:

Ms. Kamna Vohra, ASC with SI Benkatesh, PS Amar Colony.

Mr. Khalid Arshad, Adv. for R2 with R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 08.08.2016 Crl.M.A. 12171/2016 Exemption allowed, subject to all just exceptions. WP(Crl.) 2332/2016 & Crl.M.A. 12172/2016 (stay) By this petition, the petitioner seeks quashing of FIR No. 141/2015 under Sections 323/354 IPC registered at PS Amar Colony on the complaint of Respondent No.2 on the ground that parties have settled the matter. Notice.

Learned Additional Standing Counsel for the State accepts notice and states that the petitioner is only accused in the FIR and respondent No.2 is only complainant/victim.

Respondent No.2 is present in Court and is identified by her counsel and the investigating officer. She states that she has settled the matter with

the petitioner and does not wish to pursue the abovementioned 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. 141/2015 under Sections 323/354 IPC registered at PS Amar Colony, Delhi and proceedings pursuant thereto are hereby quashed, subject to the petitioner depositing a sum of `30,000/- as costs with the Juvenile Justice Fund maintained by 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.

AUGUST 08, 2016 'v mittal'