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High Court of DelhiW.P.(CRL)/1361/2017

Varun Puri v. State (Gnct) Delhi & ORS

2017-05-05Hon'Ble Ms. Justice Mukta Gupta3 pages

30# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + VARUN PURI & ANR.

..... Petitioners Represented by:

Mr. Vineet Mehra, Advocate with petitioners in person.

versus STATE (GNCT) DELHI & ORS ..... Respondents Represented by:

Mr. Sanjay Lao, Additional Standing Counsel for the State with SI Vikas Kumar and HC Tarachand, PS Bindapur.

Respondent Nos. 2 and 3 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 05.05.2017 Crl. M.A. No. 7509/2017 (Exemption) Allowed, subject to all just exceptions.

Issue notice.

Learned Additional Standing Counsel accepts notice on behalf of the State.

Learned Additional Standing Counsel for the State on instructions submits that in the FIR in question, besides the petitioner Varun Puri his brother Iesh Puri is also an accused.

Learned counsel for the petitioner has handed over amended memo of

parties impleading Iesh Puri as petitioner No.2 along with his affidavit. The same are taken on record.

By the present petition the petitioners seek quashing of FIR No. 673/2016 under Sections 323/379/506/509/34/354B IPC registered at PS Binda 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 Additional Standing Counsel for the State on instructions from the Investigating Officer states that in the above noted FIR there are the two petitioners now impleaded by way of amended memo of parties as the other persons were not identified by the complainant and respondent No.2 is the complainant/victim and respondent No.3 the other victim. Respondent Nos.2 and 3 are present in Court and are identified by the Investigating Officer. They state that they have settled the matter with the petitioners and do not wish to pursue the above noted FIR and the proceedings pursuant thereto.

Petitioners who are present in Court and are identified by learned counsel affirm the statement of respondent Nos. 2 and 3. To show remorse the petitioners undertake to deposit costs as well. 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. 673/2016 under Sections 323/379/506/ 509/34/354B IPC registered at PS Binda Pur, Delhi and proceedings pursuant thereto are hereby quashed, subject to the petitioners depositing costs of ₹10,000/- each with the Juvenile Justice Fund maintained by the Registrar General of this Court within four weeks. Parties have signed the order sheet in acknowledgment of their statements made before this Court.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

MAY 05, 2017 'vn'