Kuldeep Mishra & ORS v. The State Of NCT Of Delhi & ANR

10# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + KULDEEP MISHRA & ORS ..... Petitioners Represented by:

Mr. Pankaj Kumar, Advocate with petitioners in person.

versus THE STATE OF NCT OF DELHI & ANR ..... Respondents Represented by:

Mr. Ashok K. Garg, APP for the State with SI Inderveer Singh, PS Karawal Nagar and SI Yudhvir, Traffic Kotwali Circle.

Mr. Mahesh Kumar and Mr.

Vaibhav Kumar, Advocates for respondent Nos.2 and 5 with respondent Nos. 2 and 5 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 23.11.2016 By the present petition the petitioners seek quashing of FIR No. 277/2013 under Sections 354/451/323/34 IPC read with Section 8 of the Protection of Children from Sexual Assault Act registered at PS Karawal 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 submits that in the above noted FIR the three petitioners are the only accused and the respondent No.2

the complainant/victim and the respondent Nos.3 to 5 the other three victims. He states that no other person is involved in the above noted FIR. The Respondent Nos. 2 to 5, who are present in Court and are identified by the learned counsel and the Investigating Officer state that they have settled the matter with the petitioners in terms of the compromise deed dated 14th January, 2016 and they do not want to pursue the abovementioned FIR and the proceedings pursuant thereto.

Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent Nos.2 to 5 and state that they will give no cause of grievance in future to the respondent Nos. 2 to 5 and they will abide by the terms of the settlement dated 14th January, 2016 arrived at between the parties.

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. 277/2013 under Sections 354/451/323/34 IPC read with Section 8 of the Protection of Children from Sexual Assault Act registered at PS Karawal Nagar, 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.

NOVEMBER 23, 2016 'vn'