Varun Malhotra v. State & ANR.
$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4643/2016 VARUN MALHOTRA ..... Petitioner Represented by:
Mr. Sudhir Anand, Adv.
versus STATE & ANR.
..... Respondent Represented by:
Ms. Meenakshi Chauhan, APP with SI Bharat Lal PS Hauz Khas.
R-2 in person.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
O R D E R
% 09.03.2017 By the present petition the petitioner seeks quashing of FIR No. 201/2012 under Sections 356/379/411/34 IPC registered at PS Hauz Khas, 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 there were two accused one being the petitioner the other Himanshu Gosian qua whom FIR has been quashed in Crl.M.C. 3868/2015. She further states that the respondent No.2 is the only complainant/ victim.
Respondent No. 2 is present in Court and is identified by the Investigating Officer. He states that he has settled the matter with the CRL.M.C. 4643/2016
petitioner and does not wish to pursue the above-noted FIR and the proceedings pursuant thereto.
The petitioner who is present in Court and is identified by the learned counsel affirms the statement of respondent No.2 and tendering his unqualified apology assures that no such misbehaviour will take place in future.
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. 201/2012 under Sections 356/379/411/34 IPC registered at PS Hauz Khas, 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.
MARCH 09, 2017 'ga'
CRL.M.C. 4643/2016