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High Court of DelhiCRL.M.C./6445/2018

Harsh Sekhri v. The State (Govt. Of NCT Of Delhi) & ANR.

2019-01-10Hon'Ble Ms. Justice Mukta Gupta3 pages

$~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI + HARSH SEKHRI ..... Petitioner Represented by:

Mr. M.S. Yadav, Advocate.

versus THE STATE (GOVT. OF NCT OF DELHI) & ANR.

..... Respondent Represented by:

Mr. Ashok Kumar Garg, APP for the State with SI Badli Ram, PS Janakpuri.

Mr. Tajinder Singh, Advocate for R2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 10.01.2019 Crl.M.A. No. 50002/2018 (Exemption) Allowed, subject to all just exceptions.

Crl.M.A. No. 50003/2018 For the reasons stated in the application delay of 75 days in re-filing the petition is condoned.

Application is disposed of.

By the present petition the petitioner seeks quashing of FIR No. 405/2015 under Sections 354/354B/354D/509/323 IPC registered at PS Janakpuri, 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 submits that in the above noted FIR the petitioner is the only accused and the respondent No. 2 is the only complainant/ victim.

Respondent No. 2 who is present in Court and is identified by the learned counsel and Investigating Officer states that she has settled the matter with the petitioner who is their neighbour and does not wish to pursue the abovementioned FIR and the proceedings pursuant thereto. She further states that parties will henceforth ensure that they live in peace and harmony.

Petitioner who is present in Court and is identified by the learned counsel affirms the statement of respondent No. 2 and also states that he would maintain peace, harmony and cordiality in the neighbourhood.To show remorse the petitioner undertakes to deposit some costs also. 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.

405/2015 under Sections 354/354B/354D/509/323 IPC registered at PS Janakpuri, Delhi and proceedings pursuant thereto are hereby quashed subject to the petitioner depositing a cost of ₹5000/- with the Juvenile Justice Fund

maintained by the Registrar General of this Court within four weeks. Parties have signed this order sheet in acknowledgment of their statements made before this Court.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

JANUARY 10, 2019 'yo'