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High Court of DelhiCRL.M.C./3685/2017

Shri Manoj Anand @ Montu v. State & ANR

2017-09-11Hon'Ble Mr. Justice Vinod Goel2 pages

$~39 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3685/2017 SHRI MANOJ ANAND @ MONTU ..... Petitioner Through: Mr.K.Sunil, Advocate with petitioner in person.

versus STATE & ANR ..... Respondents Through: Ms.Aashaa Tiwari, APP for State with Insp. Narender Kumar, PS Burari, Delhi.

Mr.Mani Shanker, Advocate for R-2 along with respondent no. 2 in person.

CORAM:

HON'BLE MR. JUSTICE VINOD GOEL

O R D E R

% 11.09.2017 Crl.M.A. 15000/2017 (exemption) Exemption allowed subject to all just exceptions. Application is disposed of.

CRL.M.C. 3685/2017 & Crl.M.A. 14999/2017 (stay) 1.

Notice. Learned APP, who appears on an advance copy having been served, accepts notice.

2.

Notice to respondent no. 2 also. She appears in person and accepts the notice. She is represented by her counsel. She is duly identified by Insp. Narender Kumar.

3.

The petitioner has approached this court under Section 482 of the Code of Criminal Procedure, 1973 (in short 'Cr.PC') for quashing of the FIR bearing No. 1071/2015 registered against him on 01.09.2015 with Police Station Burari, North District, Delhi, under Sections Crl.M.C. No 3685/2017

323/325/354 IPC on the complaint of respondent No.2. 4.

The respondent no. 2 is the sister of the petitioner's wife. 5.

It is submitted that there were some disputes between the petitioner and his wife. In order to settle that dispute, he used to visit his inlaws house. On 26.08.2015, an altercation took place due to which the respondent no. 2/sister-in-law of the petitioner lodged a complaint which culminated into the said FIR.

6.

It is submitted that subsequently the petitioner had resolved his disputes with his wife. He had also settled and resolved the dispute with the respondent no.2, who is none else but his sister-in-law, which was reduced in writing on 01.09.2017.

7.

The respondent No.2 states that pursuant to the settlement, since she does not want to pursue the said FIR. She submits that the said FIR may be quashed.

8.

Learned ASC through IO submits that the charge sheet has already been filed against the petitioner.

9.

Since the matter has been amicably settled between the petitioner no.1 and the respondent no. 2, no fruitful purpose would be served in further pursuing the said FIR. Hence, to secure ends of justice, the FIR bearing No. 1071/2015 registered on 01.09.2015 with Police Station Burari, North District, Delhi, under Sections 323/325/354 IPC and proceedings arising out of the said FIR are hereby quashed. 10.

The petition is disposed of accordingly.

11.

DASTI.

VINOD GOEL, J.

SEPTEMBER 11, 2017 "shailendra"

Crl.M.C. No 3685/2017