Harminder Singh & ANR. v. State NCT Of Delhi & ORS.

20# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + HARMINDER SINGH & ANR.

..... Petitioners Represented by:

Mr. Dalip Singh, Advocate with petitioners in person.

versus STATE NCT OF DELHI & ORS.

..... Respondents Represented by:

Mr. Amit Ahlawat, APP for the State with SI Jeet Prakash, PS S.B. Dairy.

Respondent Nos. 2 and 3 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 10.03.2017 By the present petition the petitioners seek quashing of FIR No. 269/2016 under Sections 420/468/471 IPC registered at PS Shahbad Dairy, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned APP for the State on instructions from the Investigating Officer states that in the above noted FIR the two petitioners are the only accused and the respondent No.2 the complainant/victim and the respondent No.3 the other victim.

The Respondent Nos. 2 and 3 are present in Court and are identified by the Investigating Officer. They state that they have settled the matter with the petitioners, out of which the petitioner No.1 is the brother of

respondent Nos.2 and 3, before the Delhi Mediation Centre, Rohini Courts on 22nd December, 2016. In terms of the settlement the petitioner No.2 has paid them by way of Demand Draft Nos. 118334, 118333 and 118336 dated 9th March, 2017 for a sum of ₹9.50 lakhs in the name of Tarvinder Kaur drawn on Bank of Baroda, Rohini Delhi and Demand Draft Nos. 118335, 005793 and 005794 dated 9th March, 2017 for a sum of ₹7.50 lakhs in the name of Satinder Kaur drawn on Bank of Baroda, Rohini Delhi and Indian Bank, Rohini Delhi respectively and the balance amount of ₹50,000/- and ₹2.50 lakhs have been paid to the respondent Nos. 2 and 3 respectively by cash. They state that they will abide by the terms of settlement arrived at between the parties on 22nd December, 2016 before the Mediation Centre, Rohini Court, copy whereof is annexed at pages 40-41 of the paper book. They state that they do not want to pursue the abovementioned FIR and the proceedings pursuant thereto.

Petitioners who are present in Court and are identified by learned counsel affirm the statement of respondent Nos.2 and 3 and state that they will abide by the terms of settlement arrived at between the parties on 22nd December, 2016 before the Mediation Centre, Rohini Court. 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. 269/2016 under Sections 420/468/471 IPC registered at PS Shahbad Dairy, Delhi and proceedings pursuant thereto are hereby quashed.

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

The petition is disposed of. Order dasti.

MUKTA GUPTA, J.

MARCH 10, 2017 'vn'