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High Court of DelhiCRL.M.C./3240/2016

Vikas Kumar & ANR v. State (NCT Of Delhi) & ANR

2016-09-06Hon'Ble Ms. Justice Mukta Gupta2 pages

34# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3240/2016 VIKAS KUMAR & ANR ..... Petitioners Represented by:

Mr. Yogesh Kumar, Advocate with petitioners in person.

versus STATE (NCT OF DELHI) & ANR ..... Respondents Represented by:

Ms. Rajni Gupta, APP for the State with SI P.L. Meena, PS Aman Vihar.

Respondent Nos.2 and 3 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 06.09.2016 Crl. M.A. No. 13850/2016 (Exemption) Allowed, subject to all just exceptions.

CRL.M.C. 3240/2016 By the present petition the petitioners seek quashing of FIR No. 91/2013 under Sections 354A/451/323/506/34 IPC registered at PS Aman 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 the Investigating Officer states that though four accused were named in above noted FIR however, charge sheet was filed against the two petitioners herein and the respondent No.2 is the complainant/victim whereas respondent Nos. 3 and 4 are CRL.M.C. 3240/2016

the injured victims in the above noted FIR. There is no allegations whatsoever in the FIR qua the respondent No. 5. The Respondent Nos. 2, 3 and 4 who are present in Court besides respondent No.5, their mother, that is, Binda Devi and are identified by the Investigating Officer 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. 91/2013 under Sections 354A/451/323/506/34 IPC registered at PS Aman 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 is disposed of. Order dasti.

MUKTA GUPTA, J.

SEPTEMBER 06, 2016/'vn'

CRL.M.C. 3240/2016