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High Court of DelhiCRL.M.C./4864/2016

Amit Bhutani v. Govt. Of NCT Of Delhi & ANR.

2016-12-23Hon'Ble Ms. Justice Mukta Gupta3 pages

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + AMIT BHUTANI ..... Petitioner Represented by:

Mr. S.B. Singh, Mr. Manish Kr. Vikkey, Advs.

versus GOVT. OF NCT OF DELHI & ANR.

..... Respondent Represented by:

Mr. Hirein Sharma, APP with SI Anand Kumar PS Mehrauli.

R-2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 23.12.2016 Crl.M.A. 20178/2016 Exemption allowed subject to just exceptions. By the present petition the petitioner seeks quashing of FIR No. 1639/2014 under Sections 354/354-D/506/509 IPC registered at PS Mehrauli, 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 the petitioner is 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 petitioners in terms of the settlement deed dated 17th December, 2016 as the petitioner has apologized to her and assured that no such misbehaviour will take place in future. She states that she does not wish to pursue the abovenoted FIR and the proceedings pursuant thereto. Petitioner who is present in Court and is identified by the learned counsel affirms the statement of respondent No.2 and besides tendering his unqualified apology assures that no such misbehaviour will take place in future. In order to show remorse the petitioner is willing to pay a cost.

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. 1639/2014 under Sections 354/354-D/506/509 IPC registered at PS Mehrauli, Delhi and proceedings pursuant thereto are hereby quashed subject to the petitioner depositing a cost of ₹10,000/- 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.

The petition is disposed of. Order dasti.

MUKTA GUPTA, J.

DECEMBER 23, 2016 'ga'