Deepak Kumar Sharma & ORS v. The State Govt Of NCT Of Delhi & ORS

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 646/2018 DEEPAK KUMAR SHARMA & ORS ..... Petitioner Represented by:

Mr. R.P. S. Bhatti, Advocate with petitioners in person.

versus THE STATE GOVT OF NCT OF DELHI & ORS..... Respondent Represented by:

Ms. Nandita Rao, ASC with SI Omveer Singh, PS Nand Nagri.

Respondent Nos. 2 to 4 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 12.04.2018 By the present petition the petitioners seek quashing of FIR No. 878/2017 under Sections 308/323/341/506/34 IPC registered at PS Nand Nagri, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned Additional Standing Counsel for the State on instructions submits that in the above noted FIR the three petitioners are the only accused and the respondent No.2 is the complainant/ victim and respondent Nos. 3 and 4 the other victims. Learned ASC for the State states that the above noted FIR was registered on the complaint of respondent No. 2 after the respondent Nos. 2 to 4 were assaulted by the petitioners when respondent Nos. 2 to 4 counselled them not to urinate in public.

Respondent No. 2, 3 and 4 who are present in Court and are identified by the Investigating Officer state that they have settled the matter with the W.P.(CRL) 646/2018

petitioners who are their neighbours and in terms of settlement they do not want to pursue the abovementioned FIR and the proceedings pursuant thereto. Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 to 4 and assure that no such misbehaviour will take place in future. They have also apologized to respondent Nos. 2 to 4 and to show remorse they also undertake to deposit cost 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. 878/2017 under Sections 308/323/341/506/34 IPC registered at PS Nand Nagri, Delhi and proceedings pursuant thereto are hereby quashed subject to the petitioners depositing a cost of ₹5,000/- with the Juvenile Justice Fund maintained by the Registrar General of this Court within four weeks. Copy of the receipt of cost so deposited be filed in the registry. 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 12, 2018/'yo'

W.P.(CRL) 646/2018