← Library
High Court of DelhiCRL.M.C./2411/2016

Vinod & ORS v. The State & ANR

2016-07-13Hon'Ble Ms. Justice Mukta Gupta2 pages

40#$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2411/2016 VINOD & ORS ..... Petitioners Represented by:

Mr. Amit Saini, Advocate with petitioner Nos. 1 to 6 and 8 and 9 in person.

versus THE STATE & ANR ..... Respondents Represented by:

Ms. Neelam Sharma, APP for the State with SI Ajay Kumar, PS Khyala, Delhi.

Complainant in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 13.07.2016 Crl. M.A. No. 10318/2016 (Exemption) Allowed, subject to all just exceptions.

CRL.M.C. 2411/2016 By this petition the petitioners seek quashing of FIR No. 353/2014 under Sections 341/354/506/509/120B/34 IPC registered at PS Khyala, Delhi on the complaint of Respondent No.2 on the ground that the parties have settled the matter before the Delhi Mediation Centre, Tis Hazari Courts, Delhi. Copy of the report of the learned Mediator is annexed as Annexure-'C' with the petition at pages -59 to 62 of the paper-book.

The complainant/Respondent No. 2 Ms. Asha Nagpal who is present in Court and is identified by the Investigating Officer states that she has settled the matter with the petitioners and in lieu of all the claims the petitioners have CRL.M.C. 2411/2016

to pay a sum of `6.50 lakhs out of which she has already received a sum of `3.25 lakhs and the balance sum of `3.25 has been received today by way of Bankers Cheque bearing No.461232 dated 12th July, 2016 drawn on Raghubir Nagar, New Delhi. She further states that in view of the settlement between the parties, she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto.

Petitioner No.7 Ms. Neetu is not present in court as she is unwell and is thus exempted from appearance. Petitioner Nos. 1 to 6 and 8 to 9 who are present in court and are identified by their counsel state that they will abide by the terms of the settlement.

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. 353/2014 under Sections 341/354/506/509/ 120B/34 IPC registered at PS Khyala, Delhi and proceedings pursuant thereto are hereby quashed.

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.

JULY 13, 2016/'vn'

CRL.M.C. 2411/2016