Sunny Deswal & ORS v. State And ORS

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + SUNNY DESWAL & ORS ..... Petitioner Represented by:

Mr. K.K. Sharma, Adv.

versus STATE AND ORS ..... Respondent Represented by:

Mr. Ravi Nayak, APP with SI Ranveer Mavi PS New Ashok Nagar.

Mr. Narender Yadav, Adv. for R-2 & 3 with R-2 & 3 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 28.07.2016 Crl.M.A. 11324/2016 Exemption allowed subject to just exceptions. Crl.M.A. 11323/2016 By this application the petitioner seeks preponment of the date of hearing as the parties have settled the matter, the Petitioner No.1 has been short-listed for in selection process for appointment and the pendency of the FIR is likely to affect his future carrier.

For the reasons stated in the application Crl.M.C. 2132/2016 is taken up for hearing today. The date of 26th October, 2016 is cancelled. Application is disposed of.

This is a petition seeking quashing of FIR No. 0098/2016 under Sections 323/341/34 IPC registered at PS New Ashok Nagar, Delhi on the complaint of Respondent No.2.

Learned APP for the State on instructions from Investigating Officer states that besides the Petitioners there is no other accused involved in the FIR and besides Respondent No. 2 and 3 there is no other complainant/victim.

Respondent No. 2 and 3 are present in Court and are identified by their counsel and the Investigating Officer. They states that they have settled the matter with the Petitioners and in terms of the settlement arrived at between the parties, they do not want 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. 0098/2016 under Sections 323/341/34 IPC registered at PS New Ashok Nagar, Delhi and proceedings pursuant thereto are hereby quashed subject to the petitioners depositing `5000/- each with the Juvenile Justice Fund maintained by the Registrar General of this Court within a period of two 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.

JULY 28, 2016 'ga'