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High Court of DelhiCRL.M.C./606/2017

Sandhya &ORS. v. The State (Gnct Of Delhi) & ORS.

2017-02-14Hon'Ble Ms. Justice Mukta Gupta3 pages

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + SANDHYA &ORS.

..... Petitioner Represented by:

Mr. V.S. Yadav, Adv.

versus THE STATE (GNCT OF DELHI) & ORS.

..... Respondent Represented by:

Ms. Rajni Gupta, APP with SI Ashish PS EOW.

Mr. Devki Nandan, Adv. for R-2 to 5.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 14.02.2017 Crl.M.A. 2609/2017 Exemption allowed subject to just exceptions. By the present petition the petitioners seek quashing of FIR No. 309/2010 under Sections 323/452/427/506/34 IPC registered at PS Nangloi, Delhi on the complaint of Respondent No.2 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 besides the four petitioners who were accused there are two other accused i.e. Nanak Chand and Inderjeet Singh Gahlot and in the FIR

respondent No.2 is the complainant and respondents No.3 to 5 the other victims.

A perusal of the paper-book reveals that Nanak Chand and Inderjeet Singh Gahlot have passed away on 8th April, 2014 and 26th September, 2016 respectively and the proceedings qua them abated as noted by the learned Trial Court in its order sheets dated 2nd December, 2014 and 21st November, 2016. Thus all the remaining accused and the victims are present in Court. Respondents No. 2 to 5 i.e. Renu Goel, Pallavi Goel, Bhoop Singh and Paan Singh are present in Court and are identified by the learned counsel. They state that they have settled the matter with the petitioners before the Mediation Centre, Tis Hazari Courts on 19th December, 2016. In the consolidated settlement all the parties have agreed to withdraw their respective cases against each other. Thus, the respondents No.

2 to 5 do not wish to pursue the above-noted FIR and the proceedings pursuant thereto. Respondents No.2 to 5 further state that they will abide by the terms of settlement arrived at between the parties on 19th December, 2016. The petitioners Sandhya, Satish Yadav @ Guddu, Vijay Laxmi and Sheela are present in Court and are identified by the learned counsel. They affirm the statement of respondents No.2 to 5 and state that they will abide by the terms of settlement arrived at between the parties before the Mediation Centre, Tis Hazari Courts on 19th December, 2016.

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. 309/2010 under Sections 323/452/427/506/34 IPC registered at PS Nangloi, 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.

FEBRUARY 14, 2017 'ga'