Jitinder Kumar & ORS v. State

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + JITINDER KUMAR & ORS ..... Petitioner Represented by:

Ms. Jyoti Gupta, Adv. for P-1 to 3.

P-4 in person.

versus STATE ..... Respondent Represented by:

Mr. Ashok Kumar Garg, APP with Insp. Ram Niwas, PS New Friends Colony.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 24.01.2017 Crl.M.A. 1375/2017 Exemption allowed subject to just exceptions. By the present petition the petitioners seek quashing of FIR No. 84/2013 under Sections 379/420/467/468/471/506/120B IPC registered at PS New Friends Colony, Delhi on the complaint of petitioner No.4 and the proceedings pursuant thereto on the ground that the parties have settled the matter.

Learned APP for the State on instructions from Investigating Officer submits that in the above-noted FIR the petitioners No.1 to 3 are the accused and petitioner No.4 is the complainant. He states that no other person is involved.

Learned counsel for the petitioner states that petitioners had earlier also filed an application seeking quashing of the above-noted FIR, however since there was no written settlement between the parties, the said petition being Crl.M.C.3862/2015 was permitted to be withdrawn with liberty to file a fresh petition seeking quashing of FIR on the basis of settlement. She states that parties have now entered into a settlement vide Memorandum of Understanding dated 26th September, 2016 copy whereof is annexed at pages 58 to 50 of the present paper book.

Petitioner No.4 who is present in Court and is identified by the investigating officer states that he has settled the matter with the petitioners No.1 to 3 vide settlement agreement dated 26th September, 2016 and now he has no claim whatsoever on the vehicle bearing No. DL-4C-AL-0545 (Safari Car) which shall be retained by Krishan Kumar and he does not wish to pursue the above-noted FIR and the proceedings pursuant thereto. Petitioners No.1 to 3 who are present in Court and are identified by the learned counsel affirms the statement of petitioner No.4. 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. 84/2013 under Sections 379/420/467/468/471/ 506/120B IPC registered at PS New Friends Colony, Delhi and proceedings pursuant thereto are hereby quashed.

Parties have signed this order sheet in acknowledgment of their statements made before this Court.

The petition is disposed of. Order dasti.

MUKTA GUPTA, J.

JANUARY 24, 2017 'ga'