Rambir & ANR v. State Of NCT Delhi & ANR

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RAMBIR & ANR ..... Petitioner Represented by:

Mr. Jatin Kumar, proxy Adv.

versus STATE OF NCT DELHI & ANR ..... Respondent Represented by:

Mr. Bhuvneshwar Tyagi, proxy Adv. for State with SI Pankaj Kumar PS Pul Prahalad Pur.

R-2 and 3 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 31.03.2017 By the present petition the petitioners seek quashing of FIR No. 42/2015 under Sections 308/323/341/34 IPC registered at PS Pul Prahalad Pur, 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 APP for the State on instructions from Investigating Officer submits that in the above-noted FIR the two petitioners are the only accused respondent No.2 the complainant/ victim and respondent No.3 the other victim. No other person is involved. Respondent No. 2 and 3 are present in Court and are identified by the Investigating Officer. They state that they have settled the matter with the

petitioners as per the undated settlement arrived at between the parties copy whereof is annexed as Annexure P-3 to the present petition at pages 48 to

50. In view of the settlement the case against the respondent No.2 and 3 being FIR No.43/2015 has been compounded. They state that they will abide by the terms of settlement and do not wish to pursue the above-noted FIR and the proceedings pursuant thereto.

Petitioners who are present in Court and are identified by the investigating officer affirm the statement of respondent No.2 and 3 and state they will abide by the terms of settlement. To show remorse petitioner No.1 and 2 also undertake to deposit cost.

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. 42/2015 under Sections 308/323/341/34 IPC registered at PS Pul Prahalad Pur, Delhi and proceedings pursuant thereto are hereby quashed subject to the petitioners depositing a total sum of ₹10,000/- with the Delhi High Court Staff Welfare Fund within a period of four weeks from today.

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 31, 2017 'ga'