Shyam Lal Dahiya & ORS v. State (Govt Of NCT Delhi) & ANR

5# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2649/2016 SHYAM LAL DAHIYA & ORS ..... Petitioners Represented by:

Mr. Mukul Sharma, Advocate with petitioners in person.

versus STATE (GOVT OF NCT DELHI) & ANR ..... Respondents Represented by:

Ms. Rajni Gupta, APP for the State with SI Ravi Kumar, PS Sabzi Mandi.

Mr. Nitin Ahlawat, Advocate for respondent No. 2 with respondent No. 2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 14.09.2016 By the present petition the petitioners seek quashing of FIR No. 573/2014 under Sections 341/354B/509/323/34 IPC registered at PS Subzi Mandi, Delhi on the complaint of Respondent No.2 on the ground that the parties have settled the matter.

Learned APP for the State on instructions submits that in the above noted FIR the five petitioners are the only accused and the respondent No.2 is the complainant/victim.

Amended memo of parties impleading all the five accused persons has been placed on record.

The Respondent No. 2 Ms. Usha Malik, who is present in Court and is CRL.M.C. 2649/2016

identified by the learned counsel and the Investigating Officer, states that she has settled the matter with the petitioners and in terms of the settlement between the parties she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. She also states that she will abide by the terms of the settlement, copy whereof is annexed at pages 43 and 44 of the paper-book.

Petitioners, who are also present in Court and are identified by the learned counsel affirm the statement made by the respondent No.2 and state that they would abide by the terms of the settlement as per the Memorandum of Understanding as noted above.

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. 573/2014 under Sections 341/354B/ 509/323/34 IPC registered at PS Subzi Mandi, Delhi and proceedings pursuant thereto are hereby quashed.

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 14, 2016/'vn'

CRL.M.C. 2649/2016