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High Court of DelhiW.P.(CRL)/2376/2016

Vikas Gupta v. State & ANR.

2016-08-12Hon'Ble Ms. Justice Mukta Gupta3 pages

33# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + VIKAS GUPTA ..... Petitioner Represented by:

Mr. T.R. Arora, Advocate with petitioner in person.

versus STATE & ANR.

..... Respondents Represented by:

Ms. Kamna Vohra, Additional Standing Counsel for the State with Inspector Vijay Shanwal, PS Dabri.

Mr. N.K. Bhambri, Advocate for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 12.08.2016 Crl. M.A. No. 12542/2016 (Exemption) Allowed, subject to all just exceptions.

By the present petition the petitioner seek quashing of FIR No. 960/2014 under Sections 66A of Information Technology Act, 2000 registered at PS Dabri, Delhi on the complaint of Respondent No.2 on the ground that the parties have settled the matter. Issue notice. Learned Additional Standing Counsel accepts notice on behalf of the State.

Notice is accepted by learned counsel for the respondent No.2 who is

present in Court with respondent No.2.

The above noted FIR is sequel of FIR No.155/2014 under section 498A/406/34 IPC registered at PS CAW Cell, Nanak Pura, Delhi on the complaint of sister of respondent No.2 who is the former wife of the petitioner. The complainant/Respondent No. 2 Ms. Kalpana Gupta who is present in Court and is identified by the learned counsel and the Investigating Officer states that since the matrimonial dispute between the sister of the respondent No.2 and petitioner has been settled and FIR No.155/2014 has been quashed, the respondent No.2 does not want to pursue the abovementioned FIR and the proceedings pursuant thereto and prays that the same be quashed.

Petitioner, who is also present in Court and is identified by the learned counsel state 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. 960/2014 under Sections 66A of Information Technology Act, 2000 registered at PS Dabri, Delhi and proceedings pursuant thereto are hereby quashed, subject to the petitioner depositing a sum of `25,000/- with the Juvenile Justice Fund maintained by the Registrar General of this Court within a period of 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 12, 2016 'vn'