Vijay v. State & ANR

54# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3217/2016 VIJAY ..... Petitioner Represented by:

Mr. P.S. Rana, Advocate with petitioner in person.

versus STATE & ANR ..... Respondents Represented by:

Mr. Ashok K. Garg, APP for the State with SI Vishvendra, PS Seema Puri.

Mr. Ratnesh Kant, Advocate for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 05.09.2016 Crl. M.A. No.13727/2016 (Exemption) Allowed, subject to all just exceptions.

CRL.M.C. 3217/2016 By the present petition the petitioner seeks quashing of FIR No. 250/2013 under Sections 498A IPC registered at PS Seemapuri, Delhi on the complaint of Respondent No.2 on the ground that the parties have settled the matter.

Learned APP for the State on instructions from the Investigating Officers submits that in the above noted FIR the petitioner is the only accused and the respondent No.2 is the only complainant/victim. CRL.M.C. 3217/2016

The complainant/Respondent No. 2 Ms. Neelam is present in Court and is identified by the learned counsel. She states that the Petitioner and Respondent No.2/Complainant have settled the matter and she is living with the petitioner happily at the matrimonial home and has been living continuously at the matrimonial home along with the petitioner even after the registration of the FIR. She further states that in view of the settlement between the parties, she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto.

Petitioner who is present in Court and is identified by the learned counsel states that he will abide by the terms of the 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. 250/2013 under Sections 498A IPC registered at PS Seemapuri, 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 is disposed of. Order dasti.

MUKTA GUPTA, J.

SEPTEMBER 05, 2016/'vn'

CRL.M.C. 3217/2016