Shitiz @ Shitiz v. State Of NCT Delhi & ORS

15#$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + SHITIZ @ SHITIZ ..... Petitioner Represented by:

Ms. Payal Dhupar, Advocate with petitioner in person.

versus STATE OF NCT DELHI & ORS ..... Respondent Represented by:

Mr. Hirein Sharma, APP for the State with ASI Raj Kumar, Safdarjung Enclave.

Ms. Shadwali Singh, Advocate for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 10.08.2016 Crl. M.A. No.2960/2016 (Delay in refiling) For the reasons stated in the application the delay of 37 days in refiling the petition is condoned.

Application is disposed of.

CRL.M.C. 688/2016 and Crl. M.A. No.2958/2016 (Stay) By the present petition the petitioner seeks quashing of FIR No. 731/2014 under Sections 323/509/354B IPC registered at PS Safdarjung Enclave, New Delhi on the complaint of Respondent No.2 on the ground that the parties have settled the matter.

Learned APP for the State on instructions from the Investigating Officer states that besides the petitioner there is no other accused in the present FIR and besides the respondent No.2 there is no other complainant or victim in the present FIR.

The complainant/Respondent No. 2 Ms. Nayna @ Nayana Sethi who is present in Court and is identified by the learned counsel and the Investigating Officer states that she has settled the matter with the petitioner as he has apologised to her and in terms of the settlement between the parties, she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto.

Petitioner, who is also present in Court and is identified by the learned counsel states that he will abide by the terms of settlement. 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. 731/2014 under Sections 323/509/354B IPC registered at PS Safdarjung Enclave, New Delhi and proceedings pursuant thereto are hereby quashed, subject to the petitioner depositing a sum of `15,000/- with the Delhi High Court Staff Welfare Fund within a period of two weeks.

Parties have signed this order sheet in acknowledgment of their statements made before this Court.

The petition and the application are disposed of. Order dasti. MUKTA GUPTA, J.

AUGUST 10, 2016 'vn'