High Court of DelhiCRL.M.C./3278/2016

Nikhal Rally & ORS. v. State & ANR.

2016-10-19Hon'Ble Ms. Justice Mukta Gupta2 pages

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3278/2016 NIKHAL RALLY & ORS.

..... Petitioner Represented by:

Mr. Sanjeev Manchanda, Adv.

versus STATE & ANR.

..... Respondent Represented by:

Mr. Ravi Nayak, APP with SI Amit Ratheee, PS Model Town.

Mr. Jagdeep Vats, Adv. for R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 19.10.2016 By the present petition the petitioners seek quashing of FIR No. 950/2014 under Sections 323/341/506/34 IPC registered at PS Model Town, 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 Investigating Officer submits that in the above-noted FIR the three petitioners are the only accused and respondent No.2 the only complainant/ victim. Respondent No. 2 is present in Court and is identified by her counsel and the Investigating Officer. She states that she has settled the matter with the petitioners as per the terms of settlement recorded by this Court in the CRL.M.C. 3278/2016

order dated 19th November, 2015 in Bail Application No. 2601/2014 and 2814/2014. The petitioners have abided by the terms of the settlement arrived at between the parties and since now the respondent No.2 has no claim whatsoever remaining against the petitioners she does 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 respondent No.2 and state that they will abide by the terms of the 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. 950/2014 under Sections 323/341/506/34 IPC registered at PS Model Town, 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.

OCTOBER 19, 2016 'ga'

CRL.M.C. 3278/2016