Shila @ Sheela Devi & ORS v. The State (NCT Of Delhi)& ORS

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

Mr. Satyam Sisodia and Mr.

Ankit Dahiya, Advocates.

versus THE STATE (NCT OF DELHI)& ORS ..... Respondents Represented by:

Ms. Richa Kapoor, ASC with Ms. Amita Sachdeva, Advocates with SI Ramesh Kumar, PS Sultanpuri.

Mr. Manish Awasthi, Advocate for R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 10.09.2018 By the present petition the petitioners seek quashing of FIR No. 777/2015 under Sections 323/452/354/354B/380/34 IPC registered at PS Sultanpuri, 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 three petitioners are the only accused and the respondent No.2 is the only complainant/ victim. Respondent No. 2 who is present in Court and is identified by the learned counsel and Investigating Officer states that she has settled the

matter with the petitioners who are her neighbour vide the compromise deed dated 10th July, 2018, copy whereof is annexed as Annexure-B of the paper book. In terms of the settlement she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto and undertakes to abide by the terms of settlement arrived at between the parties. Petitioner Nos. 1 and 2 are present in Court. Petitioner No. 3 is the wife of petitioner No. 2. Petitioner No. 2 states that petitioner No. 3 has suffered an injury in her leg thus not in a position to walk and hence is not present in Court. Petitioner No. 3 is exempted from appearing before this Court. Petitioner Nos. 1 and 2 who 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. They also assure that no such misbehaviour will take place in future and to show remorse they undertake to deposit cost.

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.

Consequently, FIR No.

777/2015 under Sections 323/452/354/354B/380/34 IPC registered at PS Sultanpuri, Delhi and proceedings pursuant thereto are hereby quashed qua all the petitioners subject to each petitioner depositing ₹5,000/- with the Chief Minister's

Distress Relief Fund, Kerala within two weeks and receipt thereof will be placed on record.

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

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

SEPTEMBER 10, 2018 'yo'