Sanjeev Dhama & ORS v. State & ANR

53# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + SANJEEV DHAMA & ORS ..... Petitioners Represented by:

Mr. Amit Sharma, Mr. Aditya Bhardwaj and Mr. Kunal Sharma, Advocates with petitioners in person.

versus STATE & ANR ..... Respondent Represented by:

Mr. Ashish Aggarwal, Additional Standing Counsel for State with ASI Bhanu Pratap, PS Model Town.

Mr. Paranjay Chopra, Advocate for respondent Nos. 2 and 3 with respondent Nos. 2 and 3 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 23.03.2018 Crl. M.A. No. 5505/2018 (Exemption) Allowed, subject to all just exceptions.

By the present petition the petitioners seek quashing of FIR No. 541/2017 under Sections 392/354/323/427/506/34 IPC registered at PS Model Town, 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 the four petitioners are the only accused and the respondent No. 2 the only complainant/victim and the respondent No. 3 the other victim. He states that no other person is involved in the present FIR. Learned Additional Standing Counsel for the State further states that though initially the complainant alleged that her chain was snatched and Section 392 IPC was added to the FIR however, the chain of the complainant/respondent No.2 was recovered from the car of respondent No.3, thus no offence under Section 392 IPC is made out.

Respondent Nos. 2 and 3 are present in Court and are identified by the learned counsel and the Investigating Officer. They state that they have settled the matter with the petitioners vide compromise deed dated 8th January, 2018, copy whereof is annexed as Annexure -P2 to the present petition. In terms of the settlement they do not wish to pursue the abovenoted FIR and the proceedings pursuant thereto and they will abide by the terms of the settlement.

Petitioners are present in Court and are identified by the learned counsel. They affirm the statement of respondent Nos.2 and 3. They undertake to abide by the terms of the compromise deed. To show remorse they undertake to deposit costs also.

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. 541/2017 under Sections 392/354/323/ 427/506/34 IPC registered at PS Model Town, Delhi and proceedings pursuant thereto are hereby quashed subject to the petitioners depositing a cost of ₹5,000/- each with the Juvenile Justice Fund maintained by the Registrar General of this Court within four weeks. Parties have signed this order sheet in acknowledgment of their statements made before this Court.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

MARCH 23, 2018 'vn'