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High Court of DelhiCRL.M.C./1745/2016

Rafiq & ORS v. The State (N.C.T) & ANR

2016-12-08Hon'Ble Ms. Justice Mukta Gupta2 pages

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1745/2016 RAFIQ & ORS ..... Petitioner Represented by:

Mr. S.P. Paul, Adv.

versus THE STATE (N.C.T) & ANR ..... Respondent Represented by:

Mr. Ashok Kumar Garg, APP with SI Amit Kumar PS Mehrauli.

Mr. C.M.Thapugal, Adv. for R-2 to 5.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 08.12.2016 By the present petition the petitioners seek quashing of FIR No. 348/2012 under Sections 323/325/147/149/34 IPC registered at PS Mehrauli, 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 from Investigating Officer submits that in the above-noted petition the five petitioners are the only accused and respondents No.2 to 5 the complainant/ victims. Respondents No. 2 to 5 are present in Court and are identified by the learned counsel and the Investigating Officer. They state that they have settled the matter with the petitioners who are their neighbours before the CRL.M.C. 1745/2016

Mediation Centre, Saket Courts and do not wish 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 respondents No.2 to 5 and state that they will abide by the terms of settlement 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. 348/2012 under Sections 323/325/147/149/34 IPC registered at PS Mehrauli, 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.

DECEMBER 08, 2016 'ga'

CRL.M.C. 1745/2016