High Court of DelhiW.P.(CRL)/2182/2016

Gaurav Manchanda & ORS. v. State & ANR.

2017-01-16Hon'Ble Ms. Justice Mukta Gupta2 pages

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2182/2016 GAURAV MANCHANDA & ORS.

..... Petitioner Represented by:

Mr. Pradeep Kr. Mishra, Adv.

versus STATE & ORS.

..... Respondent Represented by:

Mr. Rajesh Mahajan, ASC for State.

Mr. Surjit Singh Malhotra, Mr.

Rohit Mehra, Mr. Amit Bhalla, Advs. for R-2 to 7.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 16.01.2017 By the present petition the petitioners seek quashing of FIR No. 119/2013 under Sections 354A/323/34 IPC registered at PS Moti Nagar, 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 from Investigating Officer submits that in the above-noted FIR the six petitioners are the only accused, respondent No.2 the complainant/ victim and besides her the 5 other victims have been impleaded as respondents No.3 to 7.

W.P.(CRL) 2182/2016

Respondent Nos. 2 to 7 are present in Court and are identified by the learned counsel. They state that they have settled the matter with the petitioners before the mediation centre, CAW Cell, Govt. of NCT Delhi on 5th May, 2014 and do not wish to pursue the abovementioned FIR and the proceedings pursuant thereto against any of the accused. Petitioners No.1 to 6 who are present in Court and are identified by the learned counsel affirm the statement of respondent Nos. 2 to 7 and state that they will abide by the terms of settlement giving no cause of grievance to the respondents.

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. 119/2013 under Sections 354A/323/34 IPC registered at PS Moti Nagar, 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.

JANUARY 16, 2017 'ga'

W.P.(CRL) 2182/2016