Amit Diwan v. State & ANR.

$~36 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 202/2019 and Crl. M.A. no. 863/2019 AMIT DIWAN ..... Petitioner Through Mr. Sanjay K. Chadha, Adv. with petitioner in person versus STATE & ANR.

..... Respondents Through Mr. Mukesh Kumar, APP with SI Suresh Kumar, P.S.

Safdarjung Enclave Mr.

Dinesh Yadav, Adv.

with respondent no. 2

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 16.01.2019 Notice.

Learned APP accepts notice for respondent no. 1.

Respondent no.2 Ms. Shalini Soni is present in Court along with her counsel and accepts notice. She has been identified by SI Suresh Kumar of police station Safdarjung Enclave.

Respondent no.2 submits that she has settled the matter with the petitioner of her own free will and without any undue force, pressure or coercion, vide a Memorandum of Understanding dated 16th November, 2018.

Respondent no. 2 says that she has no objection in case FIR No.

1185/2015 under Sections 354(D)/323 IPC registered at Police Station Safdarjung Enclave and consequent proceedings emanating therefrom are quashed.

Affidavit of respondent no. 2 to this effect is also on record at pages 38-39.

Keeping in mind the settlement arrived at between the petitioner and respondent no. 2 voluntarily, in my view, no fruitful purpose would be served to keep the criminal proceedings pending. Accordingly, in the interest of justice, aforesaid FIR and consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms. Miscellaneous application is disposed of as infructuous. Dasti.

A.K. PATHAK, J.

JANUARY 16, 2019 r.bararia