Deepak Kumar v. State & ANR

24# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4307/2016 DEEPAK KUMAR ..... Petitioner Represented by:

Mr. Yudhvir Singh Chauhan and Mr. Robin, Advocate with petitioner in person.

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

Ms. Meenakshi Chauhan, APP for the State with SI N.K.

Singh, PS Sarojini Nagar.

Respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 18.11.2016 Crl. M.A. No. 17935/2016 (Exemption) Allowed, subject to all just exceptions.

CRL.M.C. 4307/2016 By the present petition the petitioner seeks quashing of FIR No. 90/2014 under Sections 354D/509/506 IPC registered at PS Sarojini Nagar, New 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 the Investigating Officer submits that in the above noted FIR petitioner is the only accused and the respondent No. 2 is the only complainant/ victim. The Respondent No. 2, who is present in Court and is identified by the learned counsel and the Investigating Officer states that she has settled CRL.M.C. 4307/2016

the matter with the petitioner in terms of the Memorandum of Understanding dated 24th February, 2014 and does not want to pursue the abovementioned FIR and the proceedings pursuant thereto.

Petitioner who is present in Court and is identified by the learned counsel tenders his unqualified apology and assures that no such misbehaviour will take place in future. To show remorse, he submits that he would deposit a cost of ₹15,000/-.

In view of the fact that the parties were known to each other and 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. 90/2014 under Sections 354D/509/506 IPC registered at PS Sarojini Nagar, New Delhi and proceedings pursuant thereto are hereby quashed, subject to the petitioner depositing a sum of ₹15,000/- with the Juvenile Justice Fund maintained by the Registrar General of this Court within four weeks from today.

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.

NOVEMBER 18, 2016/'vn'

CRL.M.C. 4307/2016