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High Court of DelhiCRL.M.C./1384/2016

Umesh & ORS v. State ( NCT Of Delhi) & ORS

2016-10-27Hon'Ble Ms. Justice Mukta Gupta2 pages

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1384/2016 UMESH & ORS ..... Petitioner Represented by:

Ms. Lata Anand, Adv. with petitioners.

versus STATE ( NCT OF DELHI) & ORS ..... Respondent Represented by:

Mr. Hirein Sharma, APP with SI Sandeep Tushir, PS Prashant Vihar.

Mr. C. Parkash, Adv. for R-2 to 4 with R-2 to 4.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 27.10.2016 By the present petition, the petitioners who are 8 in number seek quashing of FIR No.182/2011 under Section 308/34 IPC registered at PS Alipur on the complaint of respondent No.2 and proceedings pursuant thereto on the ground that parties have settled the matter. Learned APP for the State on instructions submits that in the above noted FIR, 8 petitioners are the only accuseds and besides respondent No.2 who is the complainant/victim, respondent Nos. 3 and 4 are the other victims.

Respondents No.2 to 4 are present in Court and identified by the learned counsel and investigating officer. They state that they have settled the matter with the petitioners who are members of their extended family with the intervention of friends and well-wishers and do not wish to pursue the above noted FIR and proceedings pursuant thereto. Petitioners who are

present in Court and identified by learned counsel affirm the statement of respondent Nos. 2 to 4 and assure that in future no such misbehaviour will take place and to show remorse they agree to pay ₹20,000/- as costs. 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.182/2011 under Section 308/34 IPC registered at PS Alipur, Delhi and proceedings pursuant thereto are hereby quashed, subject to the petitioners depositing a consolidated amount of ₹20,000/- with the Delhi High Court Staff Welfare Fund within two weeks. 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.

OCTOBER 27, 2016 'v mittal'