Sauraj Singh & ORS v. State (NCT Of Delhi)& ANR

52# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + SAURAJ SINGH & ORS ..... Petitioners Represented by:

Mr. B.K. Singh, Advocate with petitioners in person.

versus STATE (NCT OF DELHI) & ANR ..... Respondents Represented by:

Mr. Ashish Negi, Advocate for Ms. Richa Kapoor, Additional Standing Counsel for State with SI Omveer Singh, PS Nand Nagri.

Mr. Pankaj Kumar and Mr.

Apar Sirohi, Advocates for respondent Nos. 2 to 6 with respondent Nos. 2 to 6 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 23.01.2018 Crl. M.A. No. 1352/2018 (Exemption) Allowed, subject to all just exceptions.

By the present petition the petitioners seek quashing of FIR No. 975/2017 under Sections 308/323/506/34 IPC registered at PS Nand Nagri, 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 learned Additional Standing Counsel for the State on instructions from Investigating Officer submits that in the above-noted FIR besides the four petitioners, wife of petitioner No. 1 namely Smt. Rajwati is also an accused who has not been impleaded as party petitioner. He further states that the respondent No.2 is the complainant/victim and respondent Nos. 3 to 6 are the other four victims. Faced with this situation learned counsel for the petitioners has handed over an amended memo of parties impleading Rajwati as petitioner No.5 in the present petition.

Respondent Nos. 2 to 6 are present in Court and are identified by the learned counsel and the Investigating Officer. They state that they have settled the matter with the petitioners vide Compromise Deed dated 1st January, 2018, copy whereof is annexed as Annexure-B to the present petition. In terms of the settlement and as the parties are related, respondent Nos. 2 to 6 do not wish to pursue the above-noted FIR and the proceedings pursuant thereto and undertake to abide by the terms of settlement. The petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent Nos.2 to 6 and undertake 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, 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. 975/2017 under Sections 308/323/506/34 IPC registered at PS Nand Nagri, 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 23, 2018 'vn'