Jitender Kumar & ANR v. State & ANR

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3457/2016 JITENDER KUMAR & ANR ..... Petitioner Represented by:

Mr. R.P.S. Bhati, Adv.

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

Ms. Meenakshi Chauhan, APP with SI Nishant PS Gandhi Nagar.

R-2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 13.01.2017 By the present petition the petitioners seek quashing of FIR No. 255/2012 under Sections 323/354/448/34 IPC registered at PS Gandhi Nagar, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned APP for the State on instructions from Investigating Officer submits that in the above-noted FIR the two petitioners are the only accused and respondent No.2 the only complainant/ victim. Respondent No. 2 is present in Court and is identified by the Investigating Officer. She states that petitioner No.1 is her brother-in-law and petitioner No.2 the son of petitioner No.1. The above-noted FIR was CRL.M.C. 3457/2016

registered due to some misunderstanding between the family members when an altercation took place and since she has settled the matter with the family members she does not wish to pursue the abovementioned FIR and the proceedings pursuant thereto.

Petitioners who are present in Court affirm the statement of respondent No.2.

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. 255/2012 under Sections 323/354/448/34 IPC registered at PS Gandhi Nagar, 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.

JANUARY 13, 2017 'ga'

CRL.M.C. 3457/2016