Rahul @ Ashwani Yadav & ANR v. The State Govt Of NCT Of Delhi & ORS
$~72 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RAHUL @ ASHWANI YADAV & ANR ..... Petitioner Represented by:
Mr. R.D. Rana, Adv.
versus THE STATE GOVT OF NCT OF DELHI & ORS ..... Respondent Represented by:
Mr. Piyush Singhal, proxy Adv. for Mr. Ashish Aggarwal, ASC with SI Pawan Yadav, PS Paharganj.
R-2&3 in person.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
O R D E R
% 06.02.2018 Crl.M.A. 2302/2018 Exemption allowed subject to just exceptions. By the present petition the petitioners seek quashing of FIR No. 286/2017 under Sections 452/323/354-B/34 IPC registered at PS Paharganj, 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 Additional Standing Counsel 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.
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 vide the compromise deed dated 13th December, 2017 copy whereof is annexed at pages 32 to 34 of the paper book. In terms of the settlement the respondent No.2 and 3 do not wish to pursue the above-noted 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 No.2 and 3 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, 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. 286/2017 under Sections 452/323/354-B/34 IPC registered at PS Paharganj, 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.
FEBRUARY 06, 2018 'ga'