Kamini & ORS v. State NCT Of Delhi & ORS

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1267/2017 KAMINI & ORS ..... Petitioner Represented by:

Ms. Nupur Khurana, Advocate with petitioners in person.

versus STATE NCT OF DELHI & ORS ..... Respondent Represented by:

Mr. Jamal Akhtar, proxy counsel for Mr. Rahul Mehra, Standing Counsel.

Mr. Maharaj Singh Dedha, Advocate for R-2 with R-2 in person with SI Ankit, PS Timarpur.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 25.04.2018 Crl.M.A. No. 7051/2017 (Exemption) Allowed, subject to all just exceptions.

W.P.(CRL) 1267/2017 By the present petition the petitioners seek quashing of FIR No. 143/2017 under Sections 452/448/511/120B IPC registered at PS Timar Pur, 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 Standing Counsel for the State on instructions submits that in the above noted FIR the six petitioners are the W.P.(CRL) 1267/2017

only accused and the respondent No.2 is the only complainant/ victim. Respondent No. 2 who is present in Court and is identified by the learned counsel and the Investigating Officer states that he has settled the matter with the petitioners vide compromise deed dated 7th April, 2017, copy whereof is annexed as Annexure-3 of the paper book. He states that in terms of the settlement he does not want to pursue the abovementioned FIR and the proceedings pursuant thereto.

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 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, 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. 143/2017 under Sections 452/448/511/120 B IPC registered at PS Timar Pur, 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.

APRIL 25, 2018/'yo'

W.P.(CRL) 1267/2017