Deepak Dahiya & ANR v. The State (NCT Of Delhi) & ANR

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2148/2018 DEEPAK DAHIYA & ANR ..... Petitioners Represented by:

Mr. Jaspreet Singh, Advocate.

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

Mr. Jamal Akhtar, Advocate for Ms. Richa Kapoor, ASC with SI Sapana, PS Paschim Vihar.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 20.07.2018 Crl.M.A.No.28105/2018 Allowed subject to just exceptions.

W.P.(Crl.) No.2148/2018 By this petition, the petitioners seek quashing of FIR No.905/2014 under Sections 451/323/506/34 IPC registered at PS Paschim Vihar, Delhi on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that parties have settled the matter. Learned proxy counsel for the learned Additional Standing Counsel for the State on instructions states that the respondent No.2 who is the only complainant/victim is the mother of petitioner No.1 and mother-in-law of petitioner No.2. He further states that besides the two petitioners, son of the petitioners was also named in the FIR however charge sheet has been filed W.P.(CRL) 2148/2018

only against the two petitioners, thus, they are the only accused. Respondent No. 2 who is present in Court and is identified by the Investigating Officer states that the above noted FIR was lodged due to some confusion and she has now settled the matter with the petitioners and in terms of the settlement she does not wish to pursue the above-noted 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. They also undertake to look after respondent No.2 and take her adequate care. 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. 905/2014 under Sections 451/323/506/34 IPC registered at PS Paschim Vihar, 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.

JULY 20, 2018/'yo'

W.P.(CRL) 2148/2018