Mohd Hazrat v. State & ANR

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MOHD HAZRAT ..... Petitioner Represented by:

Mr. Amit Vohra, Adv.

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

Ms. Meenakshi Chauhan, APP with ASI Kishore Kumar, PS Sarojni Nagar.

R-2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 28.11.2016 By the present petition the petitioner seeks quashing of FIR No. 178/2013 under Sections 354D/506 IPC & Section 66 (1) of I.T. Act registered at P.S. Sarojini Nagar, 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 petitioner is the only acused and respondent No.2 the only complainant/ victim.

Respondent No. 2 is present in Court and is identified by the Investigating Officer. She states that she has settled the matter with the petitioner in terms of the compromise deed dated 9th August, 2016 copy whereof is annexed at pages 22 to 24 of the paper book. She states that she does not wish to pursue the above-noted FIR and the proceedings pursuant thereto as both the petitioner and respondent No.2 are now happily married. Petitioner who is present in Court and is identified by the learned counsel affirms the statement of respondent No.2 and states that he will abide by the terms of settlement arrived at between the parties on 9th August, 2016. He has also tendered his unqualified apology and assures that no such misbehaviour will take place in future.

To show remorse for his conduct the petitioner volunteers to deposit a cost of ₹25,000/-. 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. 178/2013 under Sections 354D/506 IPC & Section 66 (1) of I.T. Act registered at P.S. Sarojini Nagar, Delhi and proceedings pursuant thereto are hereby quashed subject to the petitioner depositing a cost of ₹25,000/- with the Delhi High Court Staff Welfare Fund within four weeks.

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 28, 2016 'ga'