Pawan Sharma & ANR. v. State & ORS.

55# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + PAWAN SHARMA & ANR.

..... Petitioners Represented by:

Mr. Avadh Kaushik and Mr.

Pawan K. Verma, Advocates with petitioners in person.

versus STATE & ORS.

..... Respondents Represented by:

Ms. Rajni Gupta, APP for the State with SI Suresh Chand, PS S.P. Badli, Delhi.

Mr. Pankaj Kumar, Advocate for respondent Nos. 2 and 3 with respondent Nos. 2 and 3 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 05.09.2016 Crl. M.A. No. 13745/2016 (Exemption) Allowed, subject to all just exceptions.

By the present petition the petitioners seek quashing of FIR No. 1254/2015 under Sections 354/509/323/341/308/34 IPC registered at PS Samaipur Badli, Delhi wherein charge sheet has been filed for offence punishable under Sections 323/341/308/34 IPC 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 the above noted FIR was registered on the complaint of respondent No.2 wherein respondent Nos. 2 and 3 are the victims and the two petitioners are the accused. She further states that a juvenile was also involved who had teased the daughter of respondent No.2, who is minor for which a supplementary charge sheet was filed. However, the proceedings qua the juvenile have been quashed as the matter was settled between the juvenile and the respondent No.2 and his daughter. Thus the juvenile and the daughter of respondent No.2 are not the necessary parties before this Court as no allegation has been levelled by the daughter of respondent No.2 against the petitioners.

The Respondent Nos. 2 and 3 Mehboob and Shahrukh @ Saurabh Khan who are present in Court and are identified by the learned counsel state that they have settled the matter with the petitioners and in terms of the settlement between the parties, they do 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. 1254/2015 under Sections 354/509/

323/341/308/34 IPC registered at PS Samaipur Badli, 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.

SEPTEMBER 05, 2016 'vn'