Somnath v. The State Govt Of NCT Of Delhi & ANR

$~50 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3246/2017 SOMNATH ..... Petitioner Through:

Mr. Prashant Borkar, Advocate.

Versus

THE STATE GOVT OF NCT OF DELHI & ANR ..... Respondents Through:

Ms.

Nandita Rao, ASC (Crl.) GNCTD with SI Amit Kumar, P.S.

South Campus.

Mr.

M.A.

Niyazi, Advocate for complainant with complainant in person.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 20.11.2017 This petition seeks quashing of FIR No. 306/15 under sections 354/506/509 of IPC registered at Police Station, South Campus by respondent no. 2, Ms. Jyoti Kumari, on the ground that the complainant has settled her lis with the petitioner. The petitioner is present in Court and has been identified by his counsel. He submits that the petitioner has apologised to the complainant and is contrite about whatsoever occurred between him and the complainant which led to registration of the case. He assures the Court that neither does the petitioner have any photographs of the complainant on his telephone nor are they stored anywhere else.

The Investigation Officer has verified the same after examining the petitioner's mobile phone instrument. A Compromise Deed dated 28.06.2017 is on record. The petition is supported by affidavit of the petitioner as well as complainant. The complainant too is present in the Court and has been identified by the Investigation Officer. Since the complainant does not have any counsel, Mr.

M.A.

Niyazi,

Advocate is appointed as her counsel for the day. The counsel states, upon instructions, that the complainant does not wish to pursue the complaint any further.

In view of the fact that the complainant does not wish to pursue the case any further, keeping the FIR alive would serve no purpose and interest of justice would be served if it is quashed.

The Court is of the view that a case is made out for quashing of FIR No. 306/15 under sections 354/506/509 of IPC registered at Police StationSouth Campus. Accordingly, the said FIR and all proceedings emanating from it are hereby quashed.

The petition is disposed off in the above terms. NAJMI WAZIRI, J.

NOVEMBER 20, 2017 RW