Mst. Amtul & ORS. v. The State (Govt. Of NCT Delhi) & ORS.

50# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + MST. AMTUL & ORS.

..... Petitioners Represented by:

Mr. Utsav Pandey, Advocate with petitioners in person.

versus THE STATE (GOVT. OF NCT DELHI) & ORS. ..... Respondents Represented by:

Mr. Yash Kotak, Advocate for Mr. Ashish Aggarwal, Additional Standing Counsel for State with SI Shiwali, PS Bharat Nagar.

Mr. Gaurav Sharma, 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

% 27.08.2018 Crl. M.A. No. 30656/2018 (Exemption) Allowed, subject to all just exceptions.

By the present petition the petitioners seek quashing of FIR No. 140/2018 under Sections 323/341/451/354A/506/354/34 IPC registered at PS Bharat Nagar, 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 the learned Additional Standing Counsel for the State on instructions from Investigating Officer submits that in the above-noted FIR the four petitioners are the only accused, the respondent No. 2 the complainant/victim and the respondent No.3 the other victim. Respondent Nos. 2 and 3 are present in Court and are identified by the learned counsel and the Investigating Officer. They state that they have settled the matter with the petitioners vide Compromise Deed dated 23rd July, 2018, copy whereof is annexed as Annexure-C to the present petition as the petitioners are their neighbours and also assured that they will not misbehave in future. In terms of the settlement they do not wish to pursue the above-noted FIR and the proceedings pursuant thereto.

The petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent Nos.2 and 3 and undertake to abide by the terms of the settlement arrived at between the parties. Petitioners also ensure that they will not indulge in any misbehaviour in future and to show remorse they undertake to deposit some costs also.

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.

140/2018 under Sections 323/341/451/354A/506/354/34 IPC registered at PS Bharat Nagar, Delhi and proceedings pursuant thereto are hereby quashed subject to the petitioners depositing online a cost of ₹2,500/- each totalling to ₹10,000/- with the Chief Minister's Distress Relief Fund, Kerala. Copy of the receipt will be placed on record within two weeks.

Parties have signed this order sheet in acknowledgment of their statements made before this Court.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

AUGUST 27, 2018 'vn'