Vir Vijay Singh & ANR. v. State & ANR.

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + VIR VIJAY SINGH & ANR.

..... Petitioner Represented by:

Mr. Madhurendra Jha, Adv.

versus STATE & ANR.

..... Respondent Represented by:

Ms. Iti Pandey, proxy Adv. for Ms. Nandita Rao, ASC with ASI Kamlesh Kumar PS Sec.- 23, Dwarka.

Ms. Shalini Kappor, Mr.

Dikshant Khanna, Ms. Ruhini Dey, Advs. for R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 09.03.2018 By the present petition the petitioners Vir Vijay Singh and Sushma Singh seek quashing of FIR No.

41/2014 under Sections 323/341/509/506/34 IPC registered at PS Sector-23, Dwarka, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned proxy counsel for the learned Additional Standing Counsel 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 who is present in Court and is identified by the learned counsel states that parties have entered into a settlement in FAO(OS) 341/2015 and petitioner No.1 being her brother-in-law and petitioner No.2 her real sister, she does not wish to pursue the above-noted FIR and the proceedings pursuant thereto.

Petitioner No.1 is present in Court and is identified by the learned counsel. He has also placed on record copy of special power of attorney executed by petitioner No.2 in her favour. The original of special power of attorney has been seen by this Court and returned to Shri Vir Vijay Singh/ petitioner No.1. Petitioner No.1 on his behalf and as special power of attorney holder of petitioner No.2 affirms the statement of respondent No.2 and undertakes to 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. 41/2014 under Sections 323/341/509/506/34 IPC registered at PS Sector-23, Dwarka, 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.

MARCH 09, 2018 'ga'