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High Court of DelhiW.P.(CRL)/1263/2018

Ankur & ANR. v. The State (NCT ) Of Delhi & ANR

2018-04-25Hon'Ble Ms. Justice Mukta Gupta2 pages

59# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1263/2018 ANKUR & ANR.

..... Petitioners Represented by:

Mr. Deepak Kumar, Advocate with petitioners in person.

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

Mr. Avi Singh, Additional Standing Counsel for State with Mr. Shashank Vaccher, Advocate with ASI Praveen Kumar, PS Saket.

Mr. Amit Choudhary, Advocate for respondent No.2 with respondent No. 2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 25.04.2018 By the present petition the petitioners seek quashing of FIR No.39/2018 under Sections 323/509 IPC registered at PS Saket, Delhi on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned Additional Standing Counsel for the State on instructions from Investigating Officer submits that in the above-noted FIR the two petitioners are the only accused and the respondent No.2 the complainant/victim.

Respondent No. 2 is present in Court and is identified by the learned W.P.(CRL) 1263/2018

counsel and the Investigating Officer. She states that she has settled the matter with the petitioners vide Settlement Agreement dated 7th March, 2018, copy whereof is annexed as Annexure-P2 to the present petition. In terms of the settlement she does not wish to pursue the above-noted FIR and the proceedings pursuant thereto and will abide by the terms of settlement. The petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and undertake to abide by the terms of the settlement arrived at between the parties vide Settlement Agreement dated 7th March, 2018.

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, 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.39/2018 under Sections 323/509 IPC registered at PS Saket, Delhi and proceedings pursuant thereto are hereby quashed.

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

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

APRIL 25, 2018/'vn'

W.P.(CRL) 1263/2018