Mukesh & ORS v. State NCT Of Delhi & ORS

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MUKESH & ORS ..... Petitioner Represented by:

Mr. Jitendra Sethi, Mr. Akash Sharma, Advs.

versus STATE NCT OF DELHI & ORS ..... Respondent Represented by:

Mr. Hirein Sharma, APP with SI Arun Ahlawat, PS Kalyan Puri.

Mr. J.L. Behl, Adv. for R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 05.09.2016 Crl.M.A. 13676/2016 For the reasons stated in the application delay of 74 days in refiling is condoned.

Application is disposed of.

By the present petition, the Petitioners seek quashing of FIR No. 322/2013 under Sections 354-B/308/34 IPC registered at PS Kalyan Puri, Delhi on the complaint of Respondent No.2 as the parties have settled the matter.

At the outset learned counsel for the petitioner states that he be permitted to delete respondent Nos. 3 to 6 from the array of parties as they are neither the victim nor the complainant and are merely witnesses to the incident. Amended memo of parties be filed in the course of the day. Learned APP for the State on instructions from Investigating Officer submits that in the above-noted FIR petitioners are the four accused and respondent No.2 the complainant/ victim and respondent Pardeep the other victim.

Malti and Pardeep (respondent No.3) as per the amended memo of parties are present in Court and are identified by the counsel and the Investigating Officer. They state that they have settled the matter with the Petitioners and do not wish to pursue the abovementioned FIR and the proceedings pursuant thereto.

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. 322/2013 under Sections 354-B/308/34 IPC registered at PS Kalyan Puri, 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.

SEPTEMBER 05, 2016 'ga'