High Court of DelhiCRL.M.C./3684/2016

Birju v. State (NCT Of Delhi) & ORS

2016-09-30Hon'Ble Ms. Justice Mukta Gupta2 pages

$~37 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3684/2016 BIRJU ..... Petitioner Represented by:

Mr. Karamveer Singh, Adv.

with petitioner.

versus STATE (NCT OF DELHI) & ORS ..... Respondent Represented by:

Ms. Meenakshi Chauhan, APP with SI Pankaj Kumar, PS Pul Prahladpur.

R-2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 30.09.2016 Crl.M.A. 15435/2016 Exemption allowed, subject to all just exceptions. Crl.M.C. 3684/2016 By the present petition, the petitioner seeks quashing of FIR No.125/2013 under Sections 452/354-B/323 IPC registered at PS Pul Prahlad Pur on the complaint of respondent No.2 and proceedings pursuant thereto as the parties have settled the matter. Learned APP for the State on instructions submits that in the above noted FIR the petitioner is the only accused and respondent No.2 the only victim/complainant.

Respondent No.2 who is present in Court and identified by the investigating officer submits that she has settled the matter with the petitioner before Mediation Centre, Saket Courts, New Delhi. In view of the

unqualified apology tendered by the petitioner, she does not wish to pursue the above noted FIR and the proceedings pursuant thereto. The petitioner who is present in Court and identified by learned counsel has tendered his unqualified apology to respondent No.2 and assured that such kind of incident will not happen in future.

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.125/2013 under Sections 452/354-B/323 IPC registered at PS Pul Prahlad Pur, 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.

SEPTEMBER 30, 2016 'v mittal'