Lekhraj & ANR v. State & ANR

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LEKHRAJ & ANR ..... Petitioner Represented by:

Mr. R.K. Bachchan, Adv.

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

Mr. Ravi Nayak, APP with SI Robin Tyagi, Original IO, SI Bijay Kr., PS Mangol Puri.

Mr. Ghanshyam, Mr. M.K.

Saroja, Advs. for R-2 to 6.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 01.05.2017 By the present petition the petitioners seek quashing of FIR No. 382/2014 under Sections 308/34 IPC registered at PS Mangol Puri, 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 from Investigating Officer submits that initially 10 accused were arrayed in the FIR, charge-sheet filed against all of them, however during the course of trial one accused Jitender passed away and thus nine petitioners herein are the only accused facing trial and respondent No.2 is the complainant/ victim and respondents No.3 to

6 other victims in the above-noted FIR.

Respondents No. 2 to 6 are present in Court and are identified by the learned counsel and the Investigating Officer. They state that they have settled the matter with the petitioners being their neighbours and do not wish to pursue the above-noted FIR and the proceedings pursuant thereto. Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondents No.2 to 6 and state that they will give no cause of grievance to the respondents No.2 to 6 in future. In order to show remorse they undertake to deposit cost. 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. 382/2014 under Sections 308/34 IPC registered at PS Mangol Puri, Delhi and proceedings pursuant thereto are hereby quashed subject to the petitioners depositing a collective cost of ₹20,000/- 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.

MAY 01, 2017 'ga'