Guddu @ Brijbhushan v. State (NCT Of Delhi) &ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4166/2016 GUDDU @ BRIJBHUSHAN ..... Petitioner Through:

Mr.Abhishek Kumar, Adv.

versus STATE (NCT OF DELHI) & ANR.

..... Respondents Through:

Mr.Kewal Singh Ahuja, APP for State

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 08.11.2016 CRL.M.A.17356/2016 Exemption granted, subject to all just exceptions. Accordingly, this application stands disposed of. CRL.M.C. 4166/2016 This is a petition under Section 482 Cr.P.C. for quashing of FIR No. 583/2014, under Section 363 IPC, registered at Police Station-Okhla Industrial Area, Delhi and all proceedings emanating therefrom. Counsel for the petitioner has submitted that due to misunderstanding between the parties, FIR No.583/2014, under Section 363 IPC was registered. He has further submitted that after the registration of the FIR, the near relatives and friends intervened and settled the matter amicably. He has further submitted that the complainant later on got married with one Nitish Raj and out of the wedlock one son namely Happy Raj was born. He has further submitted that since the complainant is already married with Nitish

Raj and a child has already been born out of the said wedlock, the petitioner has settled the matter amicably with the complainant in all respect. He has further submitted that since all the matters in dispute has been settled by both the parties, to meet the ends of justice, the present FIR No. 583/2014, under Section 363 IPC be quashed.

Complainant is present in Court today and is identified by the Investigating Officer, Sub Inspector Kamal Kumar of P.S. Okhla Industrial Area. Complainant admits that the matter has been settled between the parties and nothing remains to be settled further. Complainant has further submitted that the settlement/compromise has taken place voluntarily, without any force, pressure or coercion and submits that he has no objection if the present FIR in question is quashed.

Keeping in view the facts and circumstances, since the matter has already been settled between the parties and the fact that the complainant is stated to be married with one Nitish and a child has already been born, I deem it appropriate to quash the FIR No. 583/2014, under Section 363 IPC, registered at Police Station-Okhla Industrial Area, Delhi, and all proceedings culminating out of the said FIR.

The present petition is disposed of accordingly. I.S.MEHTA, J NOVEMBER 08, 2016/radhika