Rajesh & ORS v. State Of Gnct & ORS

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

Mr. Satvik Sharma, Advocate with petitioners in person.

versus STATE OF GNCT & ORS ..... Respondents Represented by:

Ms. Srilina Roy, Advocate for Ms. Nandita Rao, Additional Standing Counsel for State with ASI Ramesh Kumar, PS Malviya Nagar.

Mr. Vinod Yadav, Advocate for respondent Nos. 2, 3 and 4 with respondent No.2, 3 and 4 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 17.04.2018 By the present petition the petitioners seek quashing of FIR No.327/2017 under Sections 354/341/342/323/506/509/34 IPC registered at PS Malviya Nagar, 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 the eight petitioners are the only accused and the

respondent No. 2, the complainant and respondent No. 3 the other victim. She further states that the minor brother of respondent No.2 and son of respondent No. 3 is also a victim who has not been impleaded as a party respondent through his guardian.

Learned counsel for the petitioner seeks leave to implead Sachin as respondent No. 4 through respondent No. 3 his mother and the natural guardian. Amended memo of parties has been handed over which is taken on record.

Respondent Nos. 2, 3 and 4 are present in Court and are identified by the learned counsel and the Investigating Officer. Respondent No. 2 and respondent No. 3 on her behalf and on behalf of respondent No.4 as the natural guardian state that they have settled the matter with the petitioners who are their relatives and living in the neighbourhood. In terms of the settlement they do not wish to pursue the above-noted FIR and the proceedings pursuant thereto and will abide by the terms of the settlement. The petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent Nos.2 and 3. They further tender their apology and assure that no such misbehaviour will take place in future and undertake to abide by the terms of the settlement arrived at between the parties. To show remorse the petitioners undertake to deposit some costs also.

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.327/2017 under Sections 354/341/342/ 323/506/509/34 IPC registered at PS Malviya Nagar, Delhi and proceedings pursuant thereto are hereby quashed subject to the petitioners depositing a consolidated cost of ₹10,000/- with the Delhi High Court Staff Welfare Fund within four weeks.

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

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

APRIL 17, 2018 'vn'