Surender Singh & ORS v. State & ANR

$~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2087/2018 SURENDER SINGH & ORS ..... Petitioners Represented by:

Mr.Prag Chawla and Mr.C.R.Jafar, Advocates versus STATE & ANR ..... Respondents Represented by:

Ms.Meenakshi Chauhan, APP for Ms.Richa Kapoor, ASC for the State with SI Praveen Sharma

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 17.07.2018 1.

By the present petition, the petitioners seek quashing of FIR No.548/2017 under Sections 323/341/506/34 IPC registered at PS Model Town on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. 2.

Learned APP for the State on instructions submits that in the above noted FIR the three petitioners are the only accused and the respondent No.2 the complainant/victim and her husband Shailender the other victim. She states that Shailender has not been made as a respondent. 3.

Faced with this situation, learned counsel for the petitioner seeks leave to impead Sailender as respondent No.3. Amended memo of parties W.P.(CRL) 2087/2018

has been handed over which is taken on record. 4.

Respondent Nos.2 and 3 who are present in Court and are identified by the Investigating Officer state that they have settled the matter with the petitioners who are their family members and relatives by the mutual agreement dated 15th January, 2018 copy whereof is annexed as Annexure-B to the present petition. In terms of the settlement, they do not wish to pursue the abovenoted FIR and the proceedings pursuant thereto and undertake to abide by the terms of settlement.

5.

Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent Nos.2 and 3 and undertake to abide by the terms of settlement arrived at between the parties. 6.

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.

7.

Consequently, FIR No.548/2017 under Sections 323/341/506/34 IPC registered at PS Model Town and proceedings pursuant thereto are hereby quashed.

8.

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

9.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

JULY 17, 2018/mamta W.P.(CRL) 2087/2018