Neeraj Nayar v. State & ANR

39# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + NEERAJ NAYAR ..... Petitioner Represented by:

Mr. Rajeev Sirohi, Advocate with petitioner in person.

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

Mr. Ravi Nayak, APP for the State with SI Suresh Kumar, PS Safdarjung Enclave.

Mr. Varun Kashyap, Advocate for respondent No.2 with respondent No. 2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 20.09.2016 Crl. M.A. No. 14654/2016 (Exemption) Allowed, subject to all just exceptions.

CRL.M.C. 3468/2016 and Crl. M.A. No. 14653/2016 (Stay) By the present petition the petitioner seeks quashing of FIR No. 196/2014 under Sections 354D/509 IPC registered at PS Safdarjung Enclave, New Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.

Issue notice.

Learned APP accepts notice on behalf of the State. 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. The complainant/Respondent No. 2 Ms. Kiran Pandey who is present in Court and is identified by the learned counsel states that the above noted FIR was registered due to some confusion and 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 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 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. 196/2014 under Sections 354D/509 IPC registered at PS Safdarjung Enclave, New 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 20, 2016/'vn'