Sanjeev Sharma & ANR v. State & ANR

32# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1285/2017 SANJEEV SHARMA & ANR ..... Petitioners Represented by:

Mr. Nitin Mittal, Advocate with petitioners in person.

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

Mr. Ashok K. Garg, APP for the State with SI Ram Phool, PS Paschim Vihar.

Respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 11.04.2017 By the present petition the petitioners seek quashing of FIR No. 96/2016 under Sections 419/420/468/471/34 IPC registered at PS Paschim 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 APP for the State on instructions submits that in the above noted FIR the two petitioners are the only accused and the respondent No.2 the complainant/victim Respondent No.2 is present in Court and is identified by the Investigating Officer. He states that he has settled the matter with the petitioners vide Memorandum of Settlement dated 26th July, 2016 copy whereof is annexed at pages 26-32 of the paper-book. He further states that he would abide by the terms of the settlement arrived at between the parties CRL.M.C. 1285/2017

and he does not wish to pursue the above noted FIR and the proceedings pursuant thereto.

Petitioners who are present in Court and are identified by learned counsel affirm the statement of respondent No. 2 and state that they will abide by the terms of the settlement arrived at between the parties vide Memorandum of Settlement dated 22nd July, 2016. To show remorse they undertake to deposit a cost as well.

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. 96/2016 under Sections 419/420/468/471/34 IPC registered at PS Paschim Vihar, Delhi and proceedings pursuant thereto are hereby quashed subject to the petitioners depositing a cost of ₹25,000/- each with the Juvenile Justice Fund maintained by the Registrar General of this Court within four weeks.

Parties have signed this order sheet in acknowledgment of their statements made before this Court.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

APRIL 11, 2017 'vn'

CRL.M.C. 1285/2017