Petitioner sought quashing of FIR registered at PS Vasant Vihar for offences under Sections 354B/354D/506/509 IPC. Respondent victim confirmed settlement via deed dated 12 September 2017. Court allowed quashing in interest of justice.
Quashed FIR No. 226/2017 under Sections 354B/354D/506/509 IPC and proceedings pursuant thereto.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~14
MOHD ANIS ..... Petitioner Represented by: Mr. D.K. Sharma, Adv.
versus
STATE (GOVT OF NCT DELHI) & ANR ..... Respondent Represented by: Mr. Sanjay Lao, ASC with Mr. Sidharth Sindhu, Adv. with SI Rakesh Yadav, PS Vasant Vihar. R-2 in person.
CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA
O R D E R % 03.01.2018
By the present petition the petitioner seeks quashing of FIR No. 226/2017 under Sections 354B/354D/506/509 IPC registered at PS Vasant Vihar (South), Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.
Learned Additional 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 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 petitioner vide settlement deed dated 12th September, 2017. The petitioner W.P.(CRL) 2710/2017 page 1 of 2
having already tendered his apology, respondent No.2 states that she does not wish to pursue the abovementioned FIR and the proceedings pursuant thereto.
Petitioner who is present in Court and is identified by the learned counsel affirms the statement of respondent No.2. He further undertakes to abide by the terms of settlement agreement dated 12th September, 2017 copy whereof is annexed as Annexure P2 to the present petition.
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. 226/2017 under Sections 354B/354D/506/509 IPC registered at PS Vasant Vihar (South), 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.
JANUARY 03, 2018 ‘ga’
1 issue framed by the court
Whether FIR No. 226/2017 under Sections 354B/354D/506/509 IPC should be quashed on grounds of settlement between parties.
1 provisions across 1 enactments
Mohd Anis
State (Govt of NCT Delhi)
Respondent No. 2
Mukta Gupta
As recorded by the court registry
A constitutional writ petition in a criminal context, most commonly habeas corpus or a challenge to an FIR or detention order.
Judgements on the same questions, provisions and authorities, from every court
