Jitender v. State

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1475/2016 JITENDER ..... Petitioner Represented by:

Mr. Madhaw Sharan Singh, Adv. with petitioner.

versus STATE ..... Respondent Represented by:

Mr. Kewal Singh Ahuja, APP with ASI Prabhakaran, PS Chhawla.

Mr. Madhurendra Kumar, Adv.for R-2 with R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 23.08.2016 Crl.MA. 6321/2016 For the reasons stated in the application, the delay of 135 days in refiling the petition is condoned.

Application is disposed of.

Crl.M.C. 1475/2016 By the present petition, the petitioner seeks quashing of FIR No.35/2014 under Section 354 IPC registered at PS Chhawala on the complaint of respondent No.2 as the parties have settled the matter. Notice.

Mr. Kewal Singh Ahuja, learned APP for the State accepts notice and on instructions from the investigating officer and having gone through the police file, states that in the above-noted FIR the petitioner is the only

accused and respondent No.2 is the only complainant/victim. Respondent No.2 is present in Court and is identified by her counsel and the investigating officer. She states that she has settled the matter with the petitioner and does not wish to pursue the above-noted FIR and proceedings pursuant thereto.

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, rather the same would create further acrimony between them, 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.35/2014 under Section 354 IPC registered at PS Chhawala, Delhi and proceedings pursuant thereto are hereby quashed. Parties have signed this order sheet in acknowledgment of their statements made before this Court.

MUKTA GUPTA, J.

AUGUST 23, 2016 'v mittal'