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High Court of DelhiCRL.M.C./1398/2017

Jahangir & ORS v. State (Gnct Of Delhi) & ANR

2017-04-10Hon'Ble Ms. Justice Mukta Gupta3 pages

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + JAHANGIR & ORS ..... Petitioner Represented by:

Mohd. Nabi, Adv.

versus STATE (GNCT OF DELHI) & ANR ..... Respondent Represented by:

Ms. Rajni Gupta, APP with SI Ashok Kumar PS H.N. Din.

Mr. Surendra Kr. Roy, Adv. for R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 10.04.2017 By the present petition the petitioners seek quashing of FIR No. 444/2012 under Sections 354/506/34 IPC registered at PS Hazrat Nizamuddin, 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 Investigating Officer submits that though in the FIR five accused were named, however charge has been framed only against the three petitioners and no other accused is involved and the respondent No.2 is the only complainant/ victim.

Respondent No. 2 is present in Court and is identified by the learned counsel and the Investigating Officer. She states that she has settled the matter with the petitioners before the Mediation Centre, Saket Courts on 17th March, 2017. Copy of the settlement is placed on record as Annexure 'B' from pages 20 to 22 of the paper book. She states that since the petitioners have apologized to her and have assured her that no harassment will be caused to her and her family members she has entered into a settlement with the petitioners and does not wish to pursue the above-noted FIR and the proceedings pursuant thereto.

Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and state that they will abide by the terms of settlement arrived at between the parties before the Mediation Centre, Saket Courts on 17th March, 2017. 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. 444/2012 under Sections 354/506/34 IPC registered at PS Hazrat Nizamuddin, Delhi and proceedings pursuant thereto are hereby quashed.

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 10, 2017 'ga'