Shri Ram Narain Awasthi & ANR v. The State & ANR

$~60 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2271/2018 SHRI RAM NARAIN AWASTHI & ANR ..... Petitioners Represented by:

Mr.Narendra Singh, Advocate versus THE STATE & ANR ..... Respondents Represented by:

Ms.Nandita Rao, ASC for the State with SI Khajan Singh, PS Paharganj

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 31.07.2018 1.

By this petition, the petitioners seek quashing of FIR No.285/2015 under Sections 324/34 IPC registered at PS Paharganj on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that parties have settled the matter.

2.

Learned Additional Standing Counsel for the State submits that in the abovenoted FIR, the two petitioners are the only accused and respondent No.2 is the only complainant/victim. She further states that respondent No.2 is the daughter of petitioner No.1 and sister of petitioner No.2. 3.

Respondent No.2 who is present in Court and is identified by the Investigating Officer states that due to some dispute in the family, she had gone to stay with her friend which was not liked by the father and brother and when they came to receive her back, altercation took place. She has W.P.(CRL) 2271/2018

now settled the matter with the petitioners and gone back to her parental home. She further states that parties have settled the matter vide memorandum of settlement dated 5th June, 2018, copy whereof is annexed at pages 25 to 26 of the paper book. She does not wish to pursue the abovenoted FIR and the proceedings pursuant thereto. She undertakes to abide by the terms of settlement.

4.

Petitioners who are present in Court and are identified by the learned counsel affirm the statement of statement of respondent No.2 and undertake to abide by the terms of settlement.

5.

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, 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.

6.

Consequently, FIR No.285/2015 under Sections 324/34 IPC registered at PS Paharganj and proceedings pursuant thereto are hereby quashed.

7.

Parties have signed this order sheet in acknowledgment of their statements made before this Court.

8.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

JULY 31, 2018 mamta W.P.(CRL) 2271/2018