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High Court of DelhiCRL.M.C./2922/2016

Pawan Kumar Sharma & ANR v. The State ( NCT Of Delhi) & ANR

2016-08-26Hon'Ble Ms. Justice Mukta Gupta2 pages

3# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2922/2016 PAWAN KUMAR SHARMA & ANR ..... Petitioners Represented by:

Mr. Nazim Hussain Qureshi, Advocate with petitioners in person.

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

Ms. Rajni Gupta, APP for the State with SI Ramphal, PS Vasant Vihar.

Mr. Mohd. Idrish, Advocate for respondent No. 2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 26.08.2016 By the present petition the petitioners seek quashing of FIR No. 1118/2014 under Sections 354B/323/341/34 IPC registered at PS Mehrauli, Delhi on the complaint of Respondent No.2 on the ground that the parties have settled the matter.

Learned APP for the State on instructions from the Investigating Officer states that besides the petitioners there is no other accused and besides the respondent No.2, who is the aunt of petitioner No. 1 there is no other complainant or victim in the present FIR. The complainant/Respondent No. 2 Ms. Kavita Sharma who is CRL.M.C. 2922/2016

present in Court and is identified by the learned counsel and the Investigating Officer states that she has settled the matter with the petitioners, who are closely related to her, and in terms of the settlement between the parties, she does 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 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. 1118/2014 under Sections 354B/323/341/34 IPC registered at PS Mehrauli, 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.

AUGUST 26, 2016 'vn'

CRL.M.C. 2922/2016