Vinod C v. State & ORS.

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3390/2018 and Crl.M.A. 35674/2018 (stay) VINOD C ..... Petitioner Represented by:

Mr. Naresh, Adv.

versus STATE & ORS.

..... Respondent Represented by:

Mr. Sanjay Lao, ASC with SI Parmod PS North Avenue.

Mr. Ashish Gautam, Adv. for R-2 with R-2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 22.01.2019 By the present petition the petitioner seek quashing of FIR No. 7/2018 under Sections 354/354B IPC registered at PS North Avenue, 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 petitioner is the only accused and respondent No.2 the sole complainant/ victim. He further states that an enquiry has been done and no other case has been found to be registered against the petitioner nor is he found to be involved in any other incident of a similar nature.

W.P.(CRL) 3390/2018

Respondent No. 2 is present in Court and is identified by the learned counsel and the Investigating Officer. She states that she has settled the matter with the petitioner vide the settlement deed dated 31st October, 2018 copy whereof is annexed as Annexure P-2 to the present petition. Since the petitioner has apologised, she does not wish to pursue the above-noted 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 undertakes 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. 7/2018 under Sections 354/354B IPC registered at PS North Avenue, Delhi and proceedings pursuant thereto are hereby quashed.

Parties have signed this order sheet in acknowledgment of their statements made before this Court.

Petition and application are disposed of. Order dasti. MUKTA GUPTA, J.

JANUARY 22, 2019 /'ga'

W.P.(CRL) 3390/2018