Shri Rajdeep Mishra & ANR. v. State & ANR.

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2877/2018 SHRI RAJDEEP MISHRA & ANR.

.... Petitioners Represented by:

Mr.Siddharth Nanwal, Advocate versus STATE & ANR.

... Respondents Represented by:

Mr.R.S.Kundu, ASC for Mr.Avi Singh, ASC for the State with Ms.Purnima Malik, Advocate and SI Manisha Yadav, PS Uttam Nagar

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 28.01.2019 By the present petition the petitioners seek quashing of FIR No.831/2018 under Section 354(D)/509 IPC registered at PS Uttam 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 Additional Standing Counsel for the State on instructions from Investigating Officer submits that in the above-noted FIR the two petitioners are the only accused 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 W.P.(CRL) 2877/2018

petitioners vide Memorandum of Understanding dated 13th September, 2018 copy whereof is annexed as Annexure-B to the present petition. In terms of the settlement she does not wish to pursue the above-noted FIR and the proceedings pursuant thereto and undertakes to abide by the terms of the settlement.

Petitioners who are present in Court and are identified by the learned counsel, tender their unconditional apology to respondent No.2. They affirm the statement of respondent No.2 and undertake to abide by the terms of settlement arrived at between the parties.

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.831/2018 under Section 354(D)/509 IPC registered at PS Uttam Nagar, New Delhi and proceedings pursuant thereto are hereby quashed.

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 28, 2019 rk W.P.(CRL) 2877/2018