Vinod Kumar & ORS v. The State ( Govt Of NCT Of Delhi) & ORS

7# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1525/2016 VINOD KUMAR & ORS ..... Petitioners Represented by:

Mr. Ashish Ahlawat, Advocate with petitioners in person.

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

Mr. Ashish Aggarwal, Additional Standing Counsel for the State with ASI Ramesh Kumar, PS Baba Haridas Nagar.

Respondent No. 2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 14.09.2016 By the present petition the petitioners seek quashing of FIR No. 113/2016 under Sections 452/354/323/34 IPC registered at PS Baba Hari Dass Nagar, Delhi on the complaint of Respondent No.2 on the ground that the parties have settled the matter.

Learned Additional Standing Counsel for the State submits that in the above noted FIR the three petitioners are the only accused and the respondent Nos.2 and 3 are the complainant/victim. The Respondent Nos. 2 Ms. Sunita who is present in Court and is identified by the Investigating Officer states on her behalf and on behalf of her minor son that she has settled the matter with the petitioners and in terms W.P.(CRL) 1525/2016

of the settlement between the parties she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. She also states that she will abide by the terms of the Memorandum of Understanding dated 18th April, 2016 , copy whereof is annexed at pages 46 to 49. Petitioners, who are also present in Court and are identified by the learned counsel affirms the statement made by the respondent No.2 and state that they would abide by the terms of the Memorandum of Understanding as noted above.

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. 113/2016 under Sections 452/354/323/34 IPC registered at PS Baba Hari Dass Nagar, Delhi and proceedings pursuant thereto are hereby quashed.

Petitioners and respondent No.2 on her behalf and on behalf of respondent No.3, her minor son have signed this order sheet in acknowledgment of their statements made before this Court. The petition is disposed of. Order dasti.

MUKTA GUPTA, J.

SEPTEMBER 14, 2016/'vn'

W.P.(CRL) 1525/2016