Krishan v. State & ANR.

$~65 * IN THE HIGH COURT OF DELHI AT NEW DELHI + KRISHAN ... Petitioner Represented by:

Mr.Dinesh Kumar, Advocate versus STATE & ANR.

... Respondents Represented by:

Ms.Rajni Gupta, APP for the State and proxy counsel for Mr.Rahul Mehra, Standing Counsel for the State With SI Deepak Tanwar, PS Malviya Nagar

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 13.11.2018 Crl.M.A.No.35941/2018 (Exemption) Allowed subject to all just exceptions.

By the present petition the petitioner seeks quashing of FIR No.1492/2015 under Sections 420/468/471 IPC registered at PS Malviya Nagar on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned APP appearing on behalf of learned Standing Counsel for the

State on instructions from Investigating Officer submits that in the abovenoted FIR petitioner is the only accused and respondent No.2 the 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with the petitioner before the Mediation Centre, Saket, New Delhi on 7th June, 2017 pursuant whereto the petitioner has withdrawn his suit for possession and permanent injunction and the respondent No.2 has received a sum of ₹1 lakh. She has now no claim whatsoever against the petitioner and does not wish to pursue the above-noted FIR and the proceedings pursuant thereto. She undertakes to abide by the terms of the settlement dated 7th June, 2017 arrived at between the parties.

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 the aforesaid settlement.

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.1492/2015 under Sections 420/468/471 IPC registered at PS Malviya Nagar 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.

NOVEMBER 13, 2018 'rk'