Gaurav Kalra & ORS v. NCT Of Delhi & ORS

32# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + GAURAV KALRA & ORS ..... Petitioners Represented by:

Mr. Manohar Malik, Advocate with petitioners in person.

versus NCT OF DELHI & ORS ..... Respondents Represented by:

Mr. Ravi Nayak, APP for the State with SI Sandeep Kumar, PS Sarita Vihar.

Mr. B. Badrinath, 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

% 16.09.2016 Crl. M.A. No. 14416/2016 (Exemption) Allowed, subject to all just exceptions.

By the present petition the petitioners seek quashing of FIR No. 207/2015 under Sections 420/468/471/34 IPC registered at PS Sarita Vihar, Delhi on the complaint of Respondent No.3 wherein the respondent No.2 is also a victim and the proceedings pursuant thereto on the ground that the parties have settled the matter.

Learned APP for the State on instructions submits that in the above

noted FIR the three petitioners are the only accused and the respondent Nos.2 and 3 are the complainant/victim and no other persons is involved. The Respondent Nos. 2 and 3, who are present in Court and are identified by the learned counsel and 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. Petitioner Nos. 1 and 2 are present in Court and are identified by the learned counsel. The petitioner No.3 is represented through the petitioner No.1 as his power of attorney, copy whereof is annexed at pages 42 to 43 of the paper-book. Petitioner Nos. 1 on his behalf and on behalf of petitioner No.3 and the petitioner No.2 affirm the statement made by the respondent Nos.

2 and 3 and state that they would 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. 207/2015 under Sections 420/468/471/34 IPC registered at PS Sarita Vihar, Delhi and proceedings pursuant thereto are hereby quashed, subject to the petitioners depositing a sum of `5,000/- each with the Juvenile Justice Fund maintained by the Registrar General of this Court within a period of four weeks.

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 16, 2016 'vn'