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High Court of DelhiCRL.M.C./5401/2018

Md Khalid v. State & ORS.

2018-10-25Hon'Ble Ms. Justice Rekha Palli2 pages

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5401/2018 & Crl.MA.34789/2018 MD KHALID ..... Petitioner Through Mr.Anuj Soni, Adv with petitioner in person.

versus STATE & ORS.

..... Respondent Through Mr.Raghuvinder Verma, APP with ASI Rajender singh, PS Alipur.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 25.10.2018 1.

Vide the present petition, the petitioners seek quashing of the FIR No.0069/2016 registered u/s 363 of the IPC at P.S. Alipur and all consequential proceedings emanating from the said FIR. 2.

On the basis of the settlement dated 07.08.2018, Mr.Anuj Soni, learned counsel for the petitioners submits that the petitioner and respondent no.2 had settled the matter amicably and the respondent no.2 is already married to one Mr.Sunil.

3.

She further states that in view of the settlement arrived between the parties and considering the young age of the petitioner and the respondent no.2, the captioned FIR and consequential proceedings emanating therefrom be quashed.

4.

The petitioner and the respondent nos.2 and 3 are present in Court and

have been identified by the Investigating Officer. I have interacted with the respondent no.2, who states that she has entered into the settlement on her own volition and without any coercion. She further states that as she is now happily married, the criminal proceedings are likely to create problems in her marital life and therefore prays that the criminal proceedings be brought to an end.

5.

I have considered the submissions of the learned counsel for the parties and perused the records. Keeping in view the fact that the parties have already resolved their differences and considering the young age of the petitioner and the respondent no.2, I am of the view that no useful purpose would be served in continuing with the criminal proceedings. 6.

Accordingly, in the interest of justice, the petition is allowed and the captioned FIR and all consequential proceedings emanating therefrom, are quashed, subject to the petitioner paying a sum of Rs.10,000/- to the Delhi High Court Staff Welfare Fund within three weeks. A copy of the receipt of deposit of costs will be handed over to the Investigation Officer, who will place it before the Trial Court.

7.

The petition is disposed of alongwith pending application in the above terms.

REKHA PALLI, J OCTOBER 25, 2018 sr