Tapish Jain v. State Of Delhi & ANR

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TAPISH JAIN ..... Petitioner Represented by:

Mr. Bharat Bhushan, Adv.

versus STATE OF DELHI & ANR ..... Respondent Represented by:

Ms. Rajni Gupta, APP for Mr. R.S.

Kundu, ASC with Insp. Bega Ram PS Raja Garden Metro.

R-2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 21.01.2019 Crl.M.A. 47910/2018 Exemption allowed subject to just exceptions. W.P.(CRL) 3570/2018 and Crl.M.A. 47909/2018 (stay) By the present petition the petitioner seek quashing of FIR No. 59/ 2014 under Sections 354A/509 IPC registered at PS Raja Garden Metro, 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 Petitioner vide the memorandum of understanding dated 30th October, 2018. She states that since the petitioner has apologised to her and assured that he will not indulge in the activities in future and also the fact that she is leaving the country, she does not wish to pursue the abovementioned 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 assures that no such misbehaviour will take place in future.

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, 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. 59/ 2014 under Sections 354A/509 IPC registered at PS Raja Garden Metro, Delhi and proceedings pursuant thereto are hereby quashed subject to the petitioner depositing a sum of ₹10,000/- with the Delhi High Court Legal Services Committee within four weeks. 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 21, 2019 'ga'