Ashwani Garg v. State ( Govt Of NCT Of Delhi) & ANR

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2343/2016 & Crl.M.A. 12237/2016 (stay) ASHWANI GARG ..... Petitioner Represented by:

Mr. K.K.Sharma, Sr. Adv. with Mr. Ayush Chaurasia, Adv.

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

Ms. Kamna Vohra, ASC with ASI Jai Bhagwan, PS Pandav Nagar.

Mr. Inder Bir Singh, Ms.

Sahiba Singh, Adv. for R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 06.01.2017 By the present petition the petitioner seeks quashing of FIR No. 98/2016 under Sections 354/354-B IPC registered at PS Pandav Nagar, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned Additional Standing Counsel for the State on instructions from Investigating Officer submits that in the above-noted FIR the petitioner is the only accused and respondent No.2 the only complainant/ victim.

Respondent No. 2 is present in Court and is identified by the learned counsel and the Investigating Officer. She states that parties are residing in the same building on different floors. Since there was a civil dispute pending between the parties, the above-noted FIR was registered due to some misunderstanding. Now the parties have settled the matter as per the settlement deed dated 15th July, 2016 copy whereof is annexed at pages 27 to 29 of the paper book. Since the parties have settled the matter, she does not wish to pursue the above-noted FIR and the proceedings pursuant thereto. She further states that she will abide by the terms of settlement arrived at between the parties.

Petitioner who is present in Court and is identified by the learned counsel states that he has settled the matter with the respondent as per the settlement deed dated 15th July, 2016 and will abide by the terms of settlement arrived at between the parties.

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. 98/2016 under Sections 354/354-B IPC registered at PS Pandav Nagar, 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.

JANUARY 06, 2017 'ga'