Swati Malhotra & ORS v. The State Of Delhi & ORS

26# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + SWATI MALHOTRA & ORS ..... Petitioners Represented by:

Mr. Vishal Diwan, Advocate.

versus THE STATE OF DELHI & ORS ..... Respondents Represented by:

Mr. Avi Singh, Additional Standing Counsel for State with Mr. Tanuj Bhadana, Advocate with SI Sanjeev Kumar, PS Vivek Vihar.

Mr. R.S. Juneja and Mr. Yogesh Kumar, Advocates for respondent Nos. 2 to 7 with respondent Nos. 2 to 7 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 10.10.2018 Crl. M.A. No.10448/2018 (Exemption) Allowed, subject to all just exceptions.

By the present petition, petitioners seek quashing of FIR No. 133/2018 under Sections 451/323/341/354/354B/34 IPC registered at PS Vivek Vihar, Delhi on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.

Learned Additional Standing Counsel for the State on instructions from Investigating Officer submits that in the above-noted FIR there are

eight accused, even as per the amended memo of parties, who have been impeladed as petitioners however, besides five respondent No.2 the complainant, there are five other victims out of which Smt. Rajinder Kaur has not been impleaded as parties.

Faced with this situation, learned counsel for the petitioners has handed over an amended memo of parties impleading Smt. Rajinder Kaur as respondent No.7. Amended memo of parties is taken on record. Respondent Nos. 2 to 7 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, vide Compromise Deed dated 23rd May, 2018, copy whereof is annexed as Annexure -C to the present petition. In terms of the settlement they do not wish to pursue the above-noted FIR and undertake to abide by the terms of settlement and the proceedings pursuant thereto. They also state that they would make all endeavours to live in peaceful and harmonious manner as the parties are neighbours.

Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent Nos.2 to 7 and undertake to abide by the terms of the settlement arrived at between the parties. Petitioners also assure that no such misconduct will take place in future and to show remorse the petitioners undertake to deposit some costs also. 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, 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. 133/2018 under Sections 451/323/341/ 354/354B/34 IPC registered at PS Vivek Vihar, Delhi and proceedings pursuant thereto are hereby quashed subject to each of the petitioner depositing a cost of ₹5,000/- with the Chief Minister's Distress Relief Fund, Kerala within three weeks. Receipt thereof will be placed on record. Parties have signed this order sheet in acknowledgment of their statements made before this Court.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

OCTOBER 10, 2018 'vn'