Jitender Kumar Meena & ANR v. State & ANR

35# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + JITENDER KUMAR MEENA & ANR ..... Petitioners Represented by:

Mr. Satish Kumar, Advocate with petitioners in person.

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

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

Mr. Shyam Babu, 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 Crl. M.A. No. 5967/2017 (Exemption) Allowed, subject to all just exceptions.

By the present petition the petitioners seek quashing of FIR No. 13/2016 under Sections 341/354A/504/506/509/34 IPC 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 two 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. She states that she has settled the matter with the petitioners vide Memorandum of Understanding dated 10th February, 2017, copy whereof is annexed at pages 31-33 of the paper-book. She 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 she does not wish to pursue the above noted FIR and the proceedings pursuant thereto. She also states that she 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. 13/2016 under Sections 341/354A/ 504/506/509/34 IPC 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'