Netram & ORS v. The State Of Delhi Govt Of NCT Delhi & ORS

22# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + NETRAM & ORS ..... Petitioners Represented by:

Mr. Hamid Ali, Advocate with petitioners in person.

versus THE STATE OF DELHI GOVT OF NCT DELHI & ORS ..... Respondents Represented by:

Mr. Amit Ahlawat, APP for the State with SI Sahdev, PS Amar Colony.

Mr. Jitender Kumar, Advocate for respondent Nos. 2 to 4 with respondent Nos. 2 to 4 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 23.09.2016 By the present petition the petitioners seek quashing of FIR No. 406/2014 under Sections 509/506/323/34/354/354D IPC registered at PS Amar Colony, 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 from the Investigating Officer submits that in the above noted FIR the three petitioners are the only accused and the respondent No.2 the complainant and respondent Nos. 3 and 4 are the other victims.

The Respondent Nos. 2 to 4 who are present in Court and are identified by the learned counsel and the Investigating Officer state that they have settled the matter with the petitioners and in view of the settlement they do not want to pursue the abovementioned FIR and the proceedings pursuant thereto.

A perusal of the complaint would reveal that the petitioners misbehaved in a drunken condition on an issue of parking and injured the victims.

Petitioners who are present in Court and are identified by the counsel tender their unqualified apology and assure that there will be no misbehaviour in future and they will abide by the terms of settlement. They also state that as token of apology they will deposit a sum of `5,000/- each as cost.

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. 406/2014 under Sections 509/506/323/ 34/354/354D IPC registered at PS Amar Colony, Delhi and proceedings pursuant thereto are hereby quashed, subject to the petitioners depositing a cost of `5,000/- each with the Delhi High Court Staff Welfare Fund within four weeks from today.

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 23, 2016 'vn'