Deepak & ANR v. The State Govt Of NCT Of Delhi & ANR

$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI + DEEPAK & ANR ... Petitioners Represented by:

Mr.Harsh Vardhan Sharma with Mr.Manish Kumar, Advocates versus THE STATE GOVT OF NCT OF DELHI & ANR ... Respondents Represented by:

Mr.Jamal Akhtar proxy counsel for Mr.Rahul Mehra, Standing Counsel for the State with Inspector Abhinendra Singh and ASI Mahesh Chand, PS Gulabi Bagh

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 02.04.2018 Crl.M.A.5685/2018 (exemption) Allowed subject to all just exceptions.

By this petition the petitioners seek quashing of FIR No.12/2018 under Sections 308/34 IPC registered at PS Gulabi Bagh, Delhi on the complaint of Respondent No.2 and the proceedings emanating therefrom on the ground that the parties have settled the matter. Learned proxy counsel for the learned Standing Counsel for the State on instructions from Investigating Officer submits that in the above-noted

FIR the two petitioners are the only accused and respondent No.2 the only complainant/victim. He states that respondent No.2 is the wife of petitioner No.1 and petitioner No.2 is the mother of petitioner No.1. 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 vide Memorandum of Understanding dated 26th February, 2018, which is annexed as Annexure P-2 to the present petition. She states that considering the settlement arrived at between the parties, she does not wish to pursue the above-noted FIR and the proceedings pursuant thereto. She further states that she will abide by the terms of the Memorandum of Understanding.

Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and undertake to abide by the terms of the Memorandum of Understanding dated 26th February, 2018. 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, rather the same would create further acrimony between them, 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.12/2018 under Sections 308/34 IPC registered at PS Gulabi Bagh, 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.

APRIL 02, 2018 MUKTA GUPTA, J.

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