CRL.M.C./2975/2016 of SHAHNAWAZ & ANR. Vs STATE & ANR.

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2975/2016

SHAHNAWAZ & ANR.

..... Petitioner

Represented by: Mr. Mahesh Kumar, Mr. Vaibhav Kumar, Advs. versus

STATE & ANR.

..... Respondent Represented by: Mr. Ashok Kumar Garg, APP with SI Brijesh Kumar PS Lodhi Colony. R-2 in person.

CORAM:HON'BLE MS. JUSTICE MUKTA GUPTA

O R R10.11.2016

By the present petition the petitioners seek quashing of FIR No. 113/2013 under Sections 354D/506/509/34 IPC registered at PS Lodhi Colony, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.

Learned APP for the State on instructions from Investigating Officer submits that in the above-noted FIR the two petitioners are the only accused and respondent No.2 the only complainant/ victim.

Respondent No. 2 is present in Court and is identified by the Investigating Officer. She states that she has settled the matter with the CRL.M.C. 2975/2016 page 1 of 3

petitioners before the mediation centre Saket Courts who have apologised to her and assured that no such misbehaviour will take place in future. She states that she does not wish to pursue the above-noted FIR and the proceedings pursuant thereto.

The petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2. They tender their unqualified apology and assure that in future no such misbehaviour will take place either with the complainant or with any third person. To show remorse both the petitioners agree to deposit cost of ₹15,000/- each.

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. 113/2013 under Sections 354D/506/509/34 IPC registered at PS Lodhi Colony, Delhi and proceedings pursuant thereto are hereby quashed subject to the petitioners depositing sum of ₹15,000/- each with the Delhi High Court Staff Welfare Fund within period of four weeks from today.

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

CRL.M.C. 2975/2016

The petition is disposed of. Order dasti.

NOVEMBER 10, 2016 ‘ga’

CRL.M.C. 2975/2016

MUKTA GUPTA, J.