Ankur Jain & ORS v. The State & ANR

34# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + ANKUR JAIN & ORS ..... Petitioners Represented by:

Mr. Sumit Chaudhary and Ms.

Aakanksha Bansal, Advocates with petitioners in person.

versus THE STATE & ANR.

..... Respondents Represented by:

Ms. Purnima Malik, Advocate for Mr. Avi Singh, Additional Standing Counsel for State with ASI Subhash Chand, PS South Rohini.

Mr. R.R. Dua and Mr. Shrawan Babu, Advocates for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 17.08.2018 Crl. M.A. No. 30127/2018 (Exemption) Allowed, subject to all just exceptions.

By the present petition the petitioner seeks quashing of FIR No. 76/2017 under Sections 323/341/354B/506/34 IPC registered at PS South Rohini, 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 the above noted FIR is an off shoot of a matrimonial dispute between petitioner No.1 and respondent No.2 and in the above-noted FIR the four 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 holistically settled the matter with the petitioners before the Delhi Mediation Centre, Rohini District Courts on 3rd November, 2017, copy whereof is annexed as Annexure-B of the paper book.. In terms of the settlement she does not wish to pursue the above-noted FIR and the proceedings pursuant thereto and will abide by the terms of settlement.

The petitioners who are present in Court and is identified by the learned counsel affirm the statement of respondent No.2 and undertake to abide by the terms of the settlement arrived at between the parties. 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. 76/2017 under Sections 323/341/354B/506/34 IPC registered at PS South Rohini, Delhi and proceedings pursuant thereto are hereby quashed.

Parties have signed this order sheet in acknowledgment of their statements made before this Court.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

AUGUST 17, 2018 'vn'