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High Court of DelhiCRL.M.C./3220/2016

Mahesh Kumar v. State Of NCT Delhi & ANR

2016-09-05Hon'Ble Ms. Justice Mukta Gupta2 pages

56# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3220/2016 MAHESH KUMAR ..... Petitioner Represented by:

Mr. V.C. pal, Advocate with petitioner in person.

versus STATE OF NCT DELHI & ANR ..... Respondents Represented by:

Mr. Ashok K. Garg, APP for the State with HC Satyaveer Singh, Security and SI Amit Kumar, PS Farsh Bazar.

Mr. Kumar Nikhil, 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. 13750/2016 (Exemption) Allowed, subject to all just exceptions.

CRL.M.C. 3220/2016 and Crl. M.A. No.13751/2016 (Stay) By the present petition the petitioner seeks quashing of FIR No. 202/2013 under Sections 509/506 IPC registered at PS Farsh Bazar, 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 Officer states that in the above noted FIR petitioner is the only accused and the respondent No.2 is the only complainant/victim. CRL.M.C. 3220/2016

The Respondent No. 2 Asmita Gupta who is present in Court and is identified by the learned counsel and the Investigating Officer states that she has settled the matter with the petitioner and in terms of the settlement between the parties, she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto.

Petitioner, who is also present in Court and is identified by the learned counsel states 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. 202/2013 under Sections 509/506 IPC registered at PS Farsh Bazar, 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 and the application are disposed of. Order dasti. MUKTA GUPTA, J.

SEPTEMBER 05, 2016/'vn'

CRL.M.C. 3220/2016