Dharmpal & ORS v. State ( Of NCT ) Of Delhi & ORS

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 868/2019 DHARMPAL & ORS ..... Petitioner Represented by:

Mr. K.M. Thakur, Advocate.

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

Ms. Aashaa Tiwari, APP for the State with SI Anuj, PS H. Nizamuddin.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 15.02.2019 By the present petition the petitioners seek quashing of FIR No. 323/2018 under Sections 354/506/509/34 IPC registered at PS H. Nizamuddin, Delhi on the complaint of Respondent No.3 and the proceedings pursuant thereto on the ground that the parties have settled the matter.

Learned APP for the State on instructions submits that in the above noted FIR the two petitioners are the accused and the respondent No.3 is the only complainant/ victim.

Respondent No.3 who is present in Court and is identified by the Investigating Officer states that she has settled the matter with the petitioners vide the compromise deed dated 2nd December, 2018, copy whereof is annexed at pages 43 to 45 of the paper book as the matrimonial CRL.M.C. 868/2019

dispute between her brother and the sister of the two petitioners was settled before the Mediation Centre, Saket Courts. In terms of the settlement she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto and undertakes to abide by the terms of settlement arrived at between the parties.

Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No. 3 and undertake to abide by the terms of settlement arrived at between the parties. 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. 323/2018 under Sections 354/506/509/34 IPC registered at PS H. Nizamuddin, 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.

FEBRUARY 15, 2019 'yo'

CRL.M.C. 868/2019