Dr Sunil Kumar v. State (Govt Of NCT Of Delhi) & ANR

37# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3500/2017 DR SUNIL KUMAR ..... Petitioner Represented by:

Mr. Sumit Choudhary, Mr. Ankit Goel and Mr. Kanwar Kochhar, Advocates with petitioner in person.

versus STATE (GOVT OF NCT OF DELHI) & ANR ..... Respondents Represented by:

Mr. Jamal Akhtar and Mr. Anuj Jain, Advocates for Mr. Rahul Mehra, Standing Counsel for State with SI Surender Ahlawat, PS Moti Nagar.

Mr. Ravin Rao, Ms. Annu Yadav and Mr. Kartik, Advocates for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 12.04.2018 Crl. M.A. No. 20632/2017 (Exemption) Allowed, subject to all just exceptions.

W.P.(CRL) 3500/2017 By the present petition the petitioners seek quashing of FIR No.41/2017 under Section 509/34 IPC registered at PS Moti Nagar, Delhi on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned proxy counsel for learned 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 only W.P.(CRL) 3500/2017

complainant/victim.

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 Compromise Deed dated 12th December, 2017, copy whereof is at pages 33 to 36 of the present petition. In terms of the settlement she does not wish to pursue the above-noted FIR and the proceedings pursuant thereto and will abide by terms of the settlement. The 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 settlement arrived at between the parties vide Compromise Deed Dated 12th December, 2017.

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.41/2017 under Section 509/34 IPC registered at PS Moti Nagar, Delhi 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.

APRIL 12, 2018/'vn'

W.P.(CRL) 3500/2017