Vijay Gupta v. State & ANR.

24# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2515/2016 and Crl. M.A. No. 13278/2016 (Stay) VIJAY GUPTA ..... Petitioner Represented by:

Mr. Madhav Khurana and Ms.

Foram Kamdar, Advocates with petitioner in person.

versus STATE & ANR.

..... Respondents Represented by:

Ms. Nandita Rao, Additional Standing Counsel for the State with SI Lichhman, PS South Rohini.

Respondent No. 2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 26.09.2016 By the present petition the petitioner seeks quashing of FIR No. 561/2015 under Sections 354D IPC registered at PS South Rohini, 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 the Investigating Officer submits that in the above noted FIR the petitioner is the only accused and the respondent No.2 is the only complainant/victim.

The complainant/Respondent No. 2 Ms. Gayatri Gupta who is present in Court and is identified by the Investigating Officer states that since the W.P.(CRL) 2515/2016

petitioner has apologised to her, she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. The allegations against the petitioner in the above noted FIR are initially of threatening the husband of the complainant and thereafter sending vulgar and obscene messages to the complainant, whose husband was employed with the petitioner.

Petitioner, who is present in Court and is identified by the counsel affirms the statement made by respondent No.2 and states that he will abide by the terms of settlement.

In view of the fact that the petitioner has apologised to the complainant and she does not wish to pursue the above noted FIR and there is no legal impediment in quashing the FIR in question, it would be in the interest of justice to quash the FIR and the proceedings pursuant thereto. Consequently, FIR No. 561/2015 under Sections 354D IPC registered at PS South Rohini, Delhi and proceedings pursuant thereto are hereby quashed, subject to the petitioner depositing a sum of `25,000/- with the Delhi High Court Staff Welfare Fund within a period of two weeks from today.

Parties have signed this order sheet in acknowledgment of their statements made before this Court.

The petition and the application are disposed of. Order dasti. MUKTA GUPTA, J.

SEPTEMBER 26, 2016/'vn'

W.P.(CRL) 2515/2016