Sanjeev Kumar @ Kala v. State & ANR.

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3073/2016 SANJEEV KUMAR @ KALA ..... Petitioner Represented by:

Mr. Manish Nagar, Adv. with petitioner.

versus STATE & ANR.

..... Respondent Represented by:

Ms. Rajni Gupta, APP with SI Shiv Narain, 1st Bn. DAP.

Naveen Kumar, Adv. for R-2 with R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 29.08.2016 Crl.M.A. 13244/2016 Exemption allowed, subject to all just exceptions. Crl.M.C. 3073/2016 By the present petition, the petitioner seeks quashing of FIR No.171/2009 under Section 31 of Protection of Women from Domestic Violence Act (in short „the Act‟) registered at PS Kanjhawala on the complaint of respondent No.2 as the parties have settled the matter. Notice.

Learned APP for the State accepts notice and on instructions from investigating officer submits that the above-noted FIR was registered on the complaint of respondent No.2 when the petitioner violated the protection order passed by learned Metropolitan Magistrate. Respondent No.2 is present in Court and is identified by learned

counsel and the investigating officer. She submits that she has settled the matter with the petitioner and they are living peacefully as husband and wife in the matrimonial home since January, 2013 and thus she does not wish to pursue the above-noted 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.171/2009 under Section 31 of Protection of Women from Domestic Violence Act registered at PS Kanjhawala, 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.

AUGUST 29, 2016 'v mittal'