High Court of DelhiCRL.M.C./3106/2016

Jatinder Kaur @ Sonal & ANR. v. State & ORS.

2016-08-30Hon'Ble Ms. Justice Mukta Gupta2 pages

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3106/2016 JATINDER KAUR @ SONAL & ANR.

..... Petitioner Represented by:

Mr. Mukesh Gupta, Adv.

versus STATE & ORS.

..... Respondent Represented by:

Mr. Hirein Sharma, APP with SI Kishanveer Bhati, PS Preet Vihar.

Mr. Durgesh Pal, Adv. for R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 30.08.2016 Crl.M.A. 13358/2016 Exemption allowed subject to just exceptions. CRL.M.C. 3106/2016 & Crl.M.A. 13357/2016 (stay) By the present petition, the Petitioners seek quashing of FIR No. 114/2015 under Sections 308/34 IPC registered at PS Preet Vihar, 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 Investigating Officer states that the respondent No.2 is the only complainant/victim and in the FIR he had alleged that besides the two petitioners herein there were some other CRL.M.C. 3106/2016

persons who accompanied them, however they could not be identified and the charge-sheet has been filed only against the petitioners. Respondent No. 2 is present in Court and is identified by his counsel and the Investigating Officer. He states that he has settled the matter with the petitioners and the petitioners are his close relatives. He states that he is not in a position to identify any of the other assailants whom he has mentioned in the FIR and he does not want to pursue the abovementioned FIR and the proceedings pursuant thereto.

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. 114/2015 under Sections 308/34 IPC registered at PS Preet Vihar, 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 and application are disposed of. Order dasti. MUKTA GUPTA, J.

AUGUST 30, 2016 'ga'

CRL.M.C. 3106/2016