Kanwar Pal & ORS v. State & ORS

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + KANWAR PAL & ORS ..... Petitioner Represented by:

Mr. Sarvesh Kumar, Adv.

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

Mr. Hirein Sharma, APP with SI Baldev Singh PS Mukherjee Nagar.

Mr. M.N. Jha, Adv. for R-2 & 3.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 10.03.2017 Crl.M.A. 4169/2017 Exemption allowed subject to just exceptions. By the present petition the petitioners seek quashing of FIR No. 1229/2015 under Sections 308/323/34 IPC registered at PS Mukherjee Nagar, 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 Investigating Officer submits that in the above-noted FIR the three petitioners are the only accused and respondent No.2 the complainant/ victim and respondent No.3 the other victim.

Respondent No. 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 by a compromise deed dated 12th January, 2017 and do not wish to pursue the above-noted FIR and the proceedings pursuant thereto. They state that they will abide by terms of settlement arrived at between the parties.

Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and 3. Tendering their unqualified apology petitioners also assure that no such misbehaviour will take place in future. To show remorse the petitioners undertake to pay a cost.

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. 1229/2015 under Sections 308/323/34 IPC registered at PS Mukherjee Nagar, Delhi and proceedings pursuant thereto are hereby quashed subject to each of the petitioners depositing a sum of ₹5000/- each as cost with the Delhi High Court Staff Welfare Fund within four weeks from today.

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 10, 2017 'ga'