Pawan Kumar Sharma & ORS. v. State & ANR.

29# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + PAWAN KUMAR SHARMA & ORS.

..... Petitioners Represented by:

Mr. Vijay Kishore Sharma, Advocate with petitioners in person.

versus STATE & ANR.

..... Respondents Represented by:

Mr. Piyush Singhal, Advocate for Mr. Ashish Aggarwal, Additional Standing Counsel for State with Inspector Pramod, Inspector Girish Jain and SI Pravesh Kumar, PS Krishna Nagar.

Respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 07.02.2018 By the present petition the petitioners seek quashing of FIR No. 174/2016 under Sections 295A/323/427/448/379/356/34 IPC registered at PS Krishna 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 proxy counsel for learned Additional Standing Counsel for the State on instructions from Investigating Officer submits that in the above-noted FIR the three petitioners are the only accused and the respondent No. 2 the only complainant/victim.

Respondent No. 2 is present in Court and is identified by the Investigating Officer. He states that he has settled the matter with the petitioners vide compromise deed dated 2nd December, 2016, copy whereof is annexed as Annexure -P-2 to the present petition. In terms of the settlement he does not wish to pursue the above-noted FIR and the proceedings pursuant thereto and he will abide by the terms of the settlement.

The petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and undertake to abide by the terms of the settlement. To show remorse the petitioners undertake to deposit some costs also.

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. 174/2016 under Sections 295A/323/427/448/ 379/356/34 IPC registered at PS Krishna Nagar, Delhi and proceedings pursuant thereto are hereby quashed subject to the petitioner depositing a cost of ₹5,000/- each 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.

FEBRUARY 07, 2018/'vn'