Vikram Mathur & ORS v. State (NCT Of Delhi) & ANR

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

Mr. Akhilesh Singh, Advocate with petitioner No.1 in person.

versus STATE (NCT OF DELHI) & ANR ..... Respondents Represented by:

Mr. Rajesh Mahajan, Additional Standing Counsel for State with SI Sumit, PS Aman Vihar.

Respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 19.11.2018 By the present petition, petitioner seeks quashing of FIR No. 1119/2014 under Sections 406/420/448/380/506/120B/34 IPC registered at PS Aman Vihar, 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 from Investigating Officer submits that in the above-noted FIR though four accused were arrayed however, charge sheet has been finalised and only petitioner No.1 Vikram Mathur is being charge sheeted as an accused and Hariom, Manoj Kumar and Daulat Ram Mathur, petitioner Nos. 2 to 4 are being kept in Column No. 12. He states that respondent No. 2 Smt. Shyama Devi is the only the complainant/victim.

Respondent No. 2 is present in Court and is identified by the Investigating Officer. She states that she has settled the matter with the petitioners before the Mediation Centre, Rohin District Courts, Delhi on 15th July, 2015 , copy of which is annexed as Annexure-B to the present petition. In terms of the settlement, she has received the original documents and possession of property bearing Plot No. 17, Khasra No. 129, Prem Nagar-III, Kirari Suleman Nagar, Delhi and she has now no dispute thereon with the petitioners. She further states that she does not wish to pursue the abovenoted FIR and the proceedings pursuant thereto and will abide by the terms of settlement.

Since petitioner No.1 is the only accused being charge sheeted by keeping in Column No. 11, he is present in Court and is identified by the learned counsel. He affirms the statement of respondent No.2 and undertakes to abide by the terms of the settlement arrived at between the parties.

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. 1119/2014 under Sections 406/420/448/380/ 506/120B/34 IPC registered at PS Aman Vihar, 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.

NOVEMBER 19, 2018 'vn'