Shivam Sharma & ORS v. The State ( Govt Of NCT Of Delhi) & ANR

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1298/2016 SHIVAM SHARMA & ORS ..... Petitioner Represented by:

Mr. B.R. Sharma, Adv.

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

Ms. Nandita Rao, ASC with SI Amit Kumar, PS K.M.Pur.

Mr. Saurabh Rajpal, Adv. for R-2&3 with R-2&3 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 23.08.2016 By the present petition, the Petitioners seek quashing of FIR No. 78/2016 under Sections 354/323/506/509/34 IPC registered at PS Kotla Mubarakpur, Delhi on the complaint of Respondent No.2 as the parties have settled the matter..

Learned Additional Standing Counsel for the State on instructions from Investigating Officer submits that besides the Petitioners there is no other accused involved in the FIR and respondent No.2 and 3 are the only complainant/victim. She further states that as regards petitioner No.1 and petitioner No.3 Shivam Sharma and Nikhil Sharma are concerned, this is their second involvement, they were earlier involved in a FIR No.371/2000 W.P.(CRL) 1298/2016

under Section 308 IPC.

Respondent No. 2 and 3 are present in Court and are identified by their counsel and the Investigating Officer. They state that they have settled the matter with the Petitioners and 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.

Consequently, FIR No. 78/2016 under Sections 354/323/506/509/34 IPC registered at PS Kotla Mubarakpur, Delhi and proceedings pursuant thereto are hereby quashed subject to the petitioner No.1 & petitioner No.3 depositing a sum of `50,000/- each with the Juvenile Justice Fund maintained by the Registrar General of this Court within four 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.

AUGUST 23, 2016 'ga'

W.P.(CRL) 1298/2016