Gajraj & ORS v. The State & ORS

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 173/2016 GAJRAJ & ORS ..... Petitioner Through Mr Parminder Sehrawat Adv. alongwith petitioners in person versus THE STATE & ORS ..... Respondent Through Mr Rajesh Mahajan, ASC for the State alongwith Sub Inspector Mukesh Police Station Jaffar Pur Kalan, Delhi Respondent nos. 2 and 3 in person

CORAM:

HON'BLE MS. JUSTICE SUNITA GUPTA

O R D E R

% 25.02.2016 This is a petition under Article 226 of the Constitution read with Section 482 Cr.PC moved by the petitioners for quashing of FIR No.114/2014 registered at Police Station Jaffar Pur Kalan, Delhi under Sections 323/354B/452/34 IPC and consequent proceedings emanating therefrom on the ground that the parties have compromised the matter.

It is submitted by counsel for the petitioners that the parties have settled the matter and the respondent nos. 2 and 3 do not have any grievance against the petitioners and they do not want to pursue the matter anymore. Respondent nos.2 (complainant) and the respondent no.3/ victims are present in person (duly identified by the Investigating Officer of the case) and submit that they have amicably resolved all disputes with the petitioners voluntarily without there being any threat, coercion or pressure of any sort and in view of the settlement arrived at between the parties, they do not want any action against the petitioners and do not have any objection to quashing of the instant FIR.

Mr Rakesh Mahajan, ASC for the State submits that in view of the settlement arrived at between the parties, he has no objection to quashing of FIR. Keeping in view the facts that the parties have compromised the matter with each

other amicably, no useful purpose would be served by continuing the criminal proceedings against the petitioners, which will only be an exercise in futility and wastage of precious time of the Court.

Accordingly, the petition is allowed and the FIR No.114/2014 registered at Police Station Jaffar Pur Kalan, Delhi under Sections 323/354B/452/34 IPC and consequent proceedings emanating therefrom are hereby quashed subject to payment of Rs.30,000/- as costs to be deposited by the petitioners with Delhi High Court Mediation & Conciliation Centre within two weeks from today. Receipt of deposit of costs be placed on record.

The petition stands disposed of accordingly.

SUNITA GUPTA, J FEBRUARY 25, 2016/rd