Santosh Devi & ORS. v. The State Govt. Of NCT Of Delhi & ORS.

52# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + SANTOSH DEVI & ORS.

..... Petitioners Represented by:

Mr. Arpit Bhalla, Advocate with petitioners in person.

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

Mr. Ankit K. Gulia, Advocate for Mr. R.S. Kundu, Additional Standing Counsel for the State with ASI Darshan Kumar, PS Mianwali Nagar, Delhi.

Mr. Manish Bhasin, Advocate for respondent Nos. 2 and 3 with respondent Nos. 2 and 3 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 29.07.2016 Crl. M.A. No. 11493/2016 (Exemption) Allowed, subject to all just exceptions.

By the present petition the petitioners seek quashing of FIR No. 280/2016 under Sections 354B/354/324/323/34 IPC registered at PS Mianwali Nagar, Delhi on the complaint of Respondent No.2 on the ground that the parties have settled the matter.

Issue notice.

Learned proxy counsel for the learned Additional Standing Counsel

accepts notice on behalf of the State. On instructions he states that besides the four petitioners there is no other accused and besides the respondent Nos.2 and 3 there is no other complainant or victim in the present FIR. The complainant/Respondent No. 2 Ms. Kavita and respondent No.3, who are present in Court and are identified by the learned counsel and the Investigating Officer state that they have settled the matter with the petitioners and there are three cross-cases between the parties and they are also willing for quashing of the other FIR got registered by them. The respondent Nos. 2 and 3 also states that in terms of the settlement between the parties, they do not want to pursue the abovementioned FIR and the proceedings pursuant thereto.

Petitioners, who are also present in Court and are identified by the learned counsel and the Investigating Officer state that they have settled all the disputes amicably with the respondent Nos.2 and 3 and they will cooperate with respondent Nos. 2 and 3 and their family members in quashing of the FIR No.281/2016 under Sections 354/354A/354B/ 323/341/506/509/34 IPC registered at PS Mianwali Nagar, Delhi on the complaint of Seema, the petitioner No.2 herein. They also state that they will abide by the terms of settlement.

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. 280/2016 under Sections 354B/354/ 324/323/34 IPC registered at PS Mianwali 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.

JULY 29, 2016 'vn'