Faisal & ORS v. The State Govt Of NCT Of Delhi & ORS

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1101/2016 FAISAL & ORS ..... Petitioner Represented by:

Mr. Vijay Kumar Ravi, Adv.

versus THE STATE GOVT OF NCT OF DELHI & ORS ..... Respondent Represented by:

Ms. Nandita Rao, ASC with SI Pawan Kumar PS Harsh Vihar.

Ms. Diksha Sharma, Adv. for R-2 & 3.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 19.08.2016 By the present petition, the Petitioners seek quashing of FIR No. 82/2016 under Sections 452/354-A/354-B/394/323/34 IPC registered at PS Harsh Vihar, Delhi on the complaint of Respondent No.2 on the ground that the parties have settled the matter.

Learned Additional Standing Counsel for the State on instructions from Investigating Officer states that in the above-noted FIR the three petitioners are the only accused and respondent No.2 the complainant and respondent No.3 the injured. On instructions she further states that the investigation in the above-noted FIR is almost complete and in view of the supplementary statement of the respondent No.2 recorded who stated that W.P.(CRL) 1101/2016

while cleaning the house she recovered her mangalsutra and ear-ring, no charge-sheet for offence punishable under Section 394 IPC is being filed. Respondent Nos. 2 and 3 are present in Court and are identified by their counsel and the Investigating Officer. They states that they have settled the matter with the Petitioners and in terms of the settlement arrived at between the parties, they do not want to pursue the abovementioned FIR and the proceedings pursuant thereto.

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 for the reason as per the investigation the offence under Section 394 IPC was found to be not made out.

Consequently, FIR No. 82/2016 under Sections 452/354-A/354B/394/323/34 IPC registered at PS Harsh Vihar, 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.

AUGUST 19, 2016 'ga'

W.P.(CRL) 1101/2016