Usha Pandey & ORS v. State & ANR

29# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + USHA PANDEY & ORS ..... Petitioners Represented by:

Mr. Shyam Babu, Advocate with petitioners in person.

versus STATE & ANR ..... Respondents Represented by:

Ms. Rajni Gupta, APP for the State with Sh. Raj Kumar Khatana, ACP PS Ambedkar Nagar and SI Pankaj Kumar, PS Prahlad Pur.

Mr. Satish Kumar, advocate for respondent No.2 with respondent No. 2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 13.04.2017 By the present petition the petitioners seek quashing of FIR No. 33/2016 under Sections 3(1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 registered at PS Pul Prahlad Pur, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto 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 three petitioners are the only accused and the respondent No.2 the complainant/victim Respondent No.2 is present in Court and is identified by the learned

counsel and the Investigating Officer. He states that he has settled the matter with the petitioners vide Memorandum of Understanding dated 10th February, 2017, copy whereof is annexed at pages 27-29 of the paper-book. He further states that since the parties are neighbours and the above noted FIR was registered due to some misunderstanding and now both the parties have settled all their disputes in terms of Memorandum of Understanding dated 10th February, 2017 he does not wish to pursue the above noted FIR and the proceedings pursuant thereto. He also states that he will abide by the terms of the Memorandum of Understanding dated 10th February, 2017. Petitioners who are present in Court and are identified by learned counsel affirm the statement of respondent No.

2 and state that they will abide by the terms of the settlement arrived at between the parties vide Memorandum of Understanding dated 10th February, 2017. To show remorse they undertake to deposit a cost as well. 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. 33/2016 under Sections 3(1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 registered at PS Pul Prahlad Pur, Delhi and proceedings pursuant thereto are hereby quashed subject to the petitioners depositing a cost of ₹10,000/- collectively with the Juvenile Justice Fund maintained by the Registrar

General of this Court within four weeks.

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

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

APRIL 13, 2017 'vn'