Pooran Bhagat & ORS. v. State (NCT Of Delhi) & ANR.

34# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + POORAN BHAGAT & ORS.

..... Petitioners Represented by:

Ms. Deepa Sharma, Advocate with petitioner in person.

versus STATE (NCT OF DELHI) & ANR.

..... Respondents Represented by:

Ms. Kamna Vohra, Additional Standing Counsel for the State with ASI R.K.Sharma, PS Hauz Qazi.

Respondent Nos. 2 and 3 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 20.01.2017 Crl. M.A. No. 1084/2017 (Exemption) Allowed, subject to all just exceptions.

By the present petition the petitioners seeks quashing of FIR No. 165/2016 under Sections 308/323/451/509/34 IPC registered at PS Hauz Qazi, 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 three

petitioners are the only accused and besides the respondent No.2 Ravi Sharma, the complainant/victim his brother is also a victim. Learned counsel for the petitioners has handed over amended memo of parties impleading Vinod Sharma as respondent No.3, which is taken on record.

Respondent Nos. 2 and 3 are present in Court and are identified by the Investigating Officer. They state they have settled the matter with the petitioners in terms of Memorandum of Understanding arrived at between the parties on 20th August, 2016, copy whereof is annexed at pages 28 to 29 of the paper-book. They state that they do not wish to pursue the abovenoted FIR and the proceedings pursuant thereto. The petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent Nos.2 and 3 and state that they will 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. 165/2016 under Sections 308/323/451/509/34 IPC registered at PS Hauz Qazi, 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 20, 2017/'vn'