Ashok Kumar v. State & ANR

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ASHOK KUMAR ..... Petitioner Represented by:

Mr. R.K. Bachchan, Adv.

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

Ms. Meenakshi Chauhan, APP with SI Rajender Singh PS Paschim Vihar.

Mr. Vinay Duggal, Adv. for R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 21.12.2016 Crl.M.A. 19857/2016 For the reasons stated in the application 59 days delay in refiling the petition is condoned.

Application is disposed of.

By the present petition the petitioner seeks quashing of FIR No. 523/2015 under Sections 354/323 IPC registered at PS Paschim Vihar, 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 petitioner is the only accused and respondent No.2 who is the sister of petitioner is the only complainant/ victim.

Respondent No. 2 is present in Court and is identified by the learned counsel and the Investigating Officer. She states that the above-noted FIR was got registered by her in some confusion after a heated exchange of words ensued between the petitioner and respondent No.2. She states that now petitioner and respondent No.2 have settled the matter and thus she does not wish to pursue the above-noted FIR and the proceedings pursuant thereto.

Petitioner who is present in Court and is identified by the learned counsel 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. 523/2015 under Sections 354/323 IPC registered at PS Paschim Vihar, 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.

DECEMBER 21, 2016 'ga'