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High Court of DelhiW.P.(CRL)/1302/2018

Arvind Kumar & ORS v. State ( NCT Of Delhi) & ANR

2018-05-01Hon'Ble Ms. Justice Mukta Gupta2 pages

$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1302/2018 ARVIND KUMAR & ORS ... Petitioners Represented by:

Mr.Ravi Tikaria, Advocate versus STATE ( NCT OF DELHI) & ANR ... Respondents Represented by:

Ms.Purnina, proxy counsel for Mr.Avi Singh, ASC for the State with SI Ranvir Singh, PS Burari

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 01.05.2018 Crl.M.A.No.7972/2018 (exemption) Allowed, subject to all just exceptions.

W.P.(CRL) 1302/2018 By this petition the petitioners seek quashing of FIR No.319/2016 under Sections 420/468/471/34 IPC registered at PS Burari on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.

Learned proxy counsel for learned Additional Standing Counsel for the State submits that in the above noted FIR the four petitioners are the only accused and respondent No.2, the only complainant/victim. Respondent No.2, who is present in Court and is identified by the Investigating Officer, states that she has settled the matter with the petitioners W.P.(CRL) 1302/2018

vide Compromise Deed dated 21st February, 2018 in terms whereof she has received a sum of ₹8.25 lakhs and she has now no claim whatsoever remaining against the petitioners. In terms of the settlement she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto and will abide by the terms of the Compromise Deed.

Petitioners No.1, 2 and 4 are present in Court and are identified by the Investigating Officer. Petitioner No.3 is stated to be out of town today and he is exempted from appearing before this Court. Petitioners No.1, 2 and 4 affirm the statement of respondent No.2 and undertake to abide by the terms of settlement arrived at between the parties vide Compromise Deed dated 21st February, 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, 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.319/2016 under Sections 420/468/471/34 IPC registered at PS Burari and proceedings pursuant thereto are hereby quashed against all accused.

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

Petition is disposed of. Order dasti.

MAY 01, 2018 MUKTA GUPTA, J.

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W.P.(CRL) 1302/2018