Parwinder Singh & ORS v. The State & ORS

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1675/2016 PARWINDER SINGH & ORS ..... Petitioner Represented by:

Mr. Gaurav Kochar, Adv. with petitioners.

versus THE STATE & ORS ..... Respondent Represented by:

Mr. Rajesh Mahajan, ASC with SI Lakkhi Singh and SI Shyam Lal, PS Kalyan Puri.

R-2 and 3 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 22.11.2016 By this petition, the petitioners seek quashing of FIR No.95/2016 under Sections 323/341/354/354B/452/509/506/34 IPC registered at PS Kalyan Puri on the complaint of respondent No.2 and proceedings pursuant thereto as the parties have settled the matter. Learned Additional Standing Counsel on instructions from the investigating officer submits that in the above noted FIR the three petitioners are the only accused and besides respondent No.2 who is complainant/victim, respondent No.3 is also another victim. Respondent Nos. 2 and 3 are present in Court and identified by the investigating officer. They state that the petitioners who are their neighbours have apologised to them, thus they do not wish to pursue the above noted FIR and the proceedings pursuant thereto. The petitioners who are present in Court and identified by learned counsel have tendered their

unqualified apology to respondent Nos. 2 and 3 and state that they will not indulge in such misbehaviour in future and to show remorse they are inclined to pay ₹25000/- each as costs.

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.95/2016 under Sections 323/341/354/354B/452/509/506/34 IPC registered at PS Kalyan Puri, Delhi and proceedings pursuant thereto are hereby quashed, subject to each of the petitioner depositing a sum of ₹25000/- with the Juvenile Justice Fund maintained by Registrar General of this Court within four weeks. 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.

NOVEMBER 22, 2016 'v mittal'