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High Court of DelhiW.P.(CRL)/2386/2018

Abhishek v. The State ( NCT Of Delhi) & ANR

2018-08-10Hon'Ble Ms. Justice Mukta Gupta2 pages

42# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2386/2018 ABHISHEK ..... Petitioner Represented by: Mr. S.K. Vashistha, Advocate with petitioner in person.

versus THE STATE ( NCT OF DELHI) & ANR ..... Respondents Represented by: Ms. Purnima Malik, Advocate for Mr. Avi Singh, Additional Standing Counsel for State with HC Rakesh, PS Jafrabad.

Mr. Ashok Kumar, Advocate for respondent No. 2 with respondent No. 2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 10.08.2018 Crl. M.A. No. 29772/2018 (Exemption) Allowed, subject to all just exceptions.

W.P.(CRL) 2386/2018 By the present petition the petitioner seeks quashing of FIR No. 357/2016 under Sections 308/504/506 IPC registered at PS Jafrabad, Delhi on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned proxy counsel for 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 the respondent No. 2 W.P.(CRL) 2386/2018

the complainant/victim.

Respondent No. 2 is present in Court and is identified by the learned counsel and the Investigating Officer. He states that he has settled the matter with the petitioner vide settlement dated 29th May, 2018, copy whereof is annexed as Annexure A-3 to the present petition. In terms of the settlement he does not wish to pursue the above-noted FIR and the proceedings pursuant thereto.

The petitioner who is present in Court and is identified by the learned counsel affirms the statement of respondent No.2 and undertakes to abide by the terms of the 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, 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. 357/2016 under Sections 308/504/506 IPC registered at PS Jafrabad, 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.

AUGUST 10, 2018/'vn'

W.P.(CRL) 2386/2018