Azad Singh & ANR v. State & ANR

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + AZAD SINGH & ANR ..... Petitioner Represented by:

Mr. Sandeep Jain, Mr. Sona Ram Gupta, Advs.

versus STATE & ANR ..... Respondent Represented by:

Mr. Ravi Nayak, APP with SI Sanjeev Kr. (original IO), ASI Satyapal Singh PS Pandav Nagar.

Mr. Nishant Prateek, Adv. for R-2 & 3.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 21.03.2017 By the present petition the petitioners seek quashing of FIR No. 130/2013 under Sections 323/341/354A/34 IPC registered at PS Pandav Nagar, 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 FIR besides the respondent No.2 her husband was also a victim. Since there was no apparent injury his MLC was not prepared. He further states that besides the offences noted above charge for offence punishable under Section 354 IPC was also framed.

On the oral request of learned counsel for the petitioners Naresh Kumar husband of respondent No.2 is also impleaded as respondent No.3. Amended memo of parties is taken on record.

Respondent No. 2 and 3 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 vide settlement agreement dated 15th March, 2017 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 respondent No.2 and 3. 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. 130/2013 under Sections 323/341/354A/34 IPC registered at PS Pandav Nagar, 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.

MARCH 21, 2017 'ga'