High Court of DelhiW.P.(CRL)/620/2017

Raj Kumar & ORS. v. State & ANR.

2017-04-13Hon'Ble Ms. Justice Mukta Gupta3 pages

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RAJ KUMAR & ORS.

..... Petitioner Represented by:

Mr. K.L. Janjani, Mr. Pankaj Kumar Singh, Advs.

versus STATE & ANR.

..... Respondent Represented by:

Mr. Ankit Kr. Gulia, proxy Adv. for Mr. R.S. Kundu, ASC with SI Praveen Kumar, PS Mandawali.

Mr. Anupam Dwivedi, Adv. for R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 13.04.2017 By the present petition the petitioners seek quashing of FIR No. 1039/2015 under Sections 354/509/506/34 IPC registered at PS Mandawali, 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 three petitioners are the only accused and respondent No.2 the only complainant/ victim.

Respondent No. 2 is present in Court and is identified by the learned counsel and the Investigating Officer. She states that she has settled the matter with the petitioners vide compromise deed dated 21st October, 2016 copy whereof is annexed at pages 37 to 40 of the paper book. She states that in view of the settlement arrived at between the parties she does not wish to pursue the above-noted FIR and the proceedings pursuant thereto which was registered due to some misunderstanding.

Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and state that they will abide by the terms of settlement arrived at between the parties vide settlement deed dated 21st October, 2016.

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. 1039/2015 under Sections 354/509/506/34 IPC registered at PS Mandawali, 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.

APRIL 13, 2017 'ga'