Sahil & ORS v. State ( NCT Of Delhi) & ORS

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + SAHIL & ORS ... Petitioners Represented by:

Mr.C.Parkash, Advocate versus STATE ( NCT OF DELHI) & ORS ... Respondents Represented by:

Ms.Kamna Vohra, ASC for the State with ASI Ramesh, PS Mundka

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 27.07.2018 Crl.M.A.No.28611/2018 (Exemption) Allowed, subject to all just exceptions.

By the present petition the petitioners seek quashing of FIR No.196/2018 under Sections 308/506/34 IPC registered at PS Mundaka, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned Additional Standing Counsel for the State on instructions submits that in the above noted FIR the four petitioners are the only accused and the respondent No.2 the complainant/victim and respondent No.3 the other victim.

Respondents No.2 and 3 who are present in Court and are identified

by the learned counsel and Investigating Officer states that they have settled the matter with the petitioners vide Compromise Deed dated 16th July, 2018 copy whereof is annexed as Annexure-P2 of the paper book. In terms of the settlement they do not want to pursue the abovementioned FIR and the proceedings pursuant thereto. They also undertake to abide by the terms of the settlement.

Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and undertake to abide by the terms of settlement arrived at between the parties on 16th July, 2018. They also assure that no such misbehaviour will take place in future and in order to show remorse, they undertake to deposit costs. 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.196/2018 under Sections 308/506/34 IPC registered at PS Mundaka, Delhi and proceedings pursuant thereto are hereby quashed subject to each of the petitioners depositing a sum of ₹5,000/- totalling to ₹20,000/- within four weeks with the Delhi High Court Staff Welfare Fund.

Parties have signed this order sheet in acknowledgment of their

statements made before this Court.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

JULY 27, 2018 'rk'