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

30# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + VIKRAM SHARMA & ORS.

..... Petitioners Represented by:

Mr. Amarjeet Sahni, Advocate with petitioners in person.

versus STATE (GOVT. OF NCT OF DELHI) & ANR.

..... Respondents Represented by:

Mr. Ashok K. Garg, APP for the State with ASI Ashok Kumar, PS ACB.

Ms. Esha Verma, Advocate for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 07.03.2017 Crl. M.A. No. 3905/2017 (Exemption) Allowed, subject to all just exceptions.

1.

By the present petition, the petitioners seek quashing of FIR No.193/2012 under Sections 384/506/34 IPC registered at PS Patel Nagar, Delhi on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. 2.

Learned APP for the State on instructions submits that initially five accused were arrayed however, one of the accused namely Vinod Kumar @ Vicky filed a petition for quashing of FIR being Crl. M.C. No.339/2016 on

the basis of compromise which was quashed vide order dated 2nd August, 2016. Thus the four petitioners are the remaining accused and the respondent No.2 the only complainant/victim.

3.

Respondent No.2 is present in Court and identified by the learned counsel and the Investigating Officer. He states that he has settled the matter with the main accused, that is, Vinod Kumar @ Vicky before the Delhi Mediation Centre, Tis Hazari Courts pursuant whereof the FIR qua him had been quashed. Since he has settled the matter with the main accused and the FIR qua him has been quashed, he does not wish to pursue the above mentioned FIR qua the petitioners herein. 4.

The petitioners who are present in Court and identified by learned counsel affirm the statement of respondent No.2 and assure that no misbehaviour will take place in future. To show remorse they also undertake to pay some cost.

5.

Considering the fact that the parties have settled the matter of their own free will, volition and without any coercion, no useful purpose will be served in continuing with the above noted FIR and the proceedings pursuant thereto. Though the offence alleged under Section 384 IPC is serious in nature however, considering the fact that the FIR qua the main accused has already been quashed, it would be in the interest of justice to quash the FIR qua the present petitioners as well.

6.

Consequently, FIR No.193/2012 under Sections 384/506/34 IPC registered at PS Patel Nagar, Delhi and proceedings pursuant thereto are hereby quashed, subject to the petitioners depositing a sum of ₹15,000/- each with the Juvenile Justice Fund maintained by the Registrar General of

this Court within four weeks. Receipts of payment of costs will be filed on Court record.

7.

Parties have signed this order sheet in acknowledgment of their statements made before this Court.

8.

The petition is disposed of. Order dasti.

MUKTA GUPTA, J.

MARCH 07, 2017 'vn'