Mukesh & ORS. v. State & ORS.

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3570/2016 MUKESH & ORS.

..... Petitioner Represented by:

Mr. Ashish Sehrawat with Mr.

Nikhil Yadav, Advs. and petitioners.

versus STATE & ORS.

..... Respondent Represented by:

Ms. Rajni Gupta, APP with investigating officer (appearance not given) Ms. Priyanka Kapoor, Adv. for R-2 to 8.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 29.11.2016 Crl.M.A. 18635/2016 By this application, the petitioners seek to implead three other victims, who were not impleaded earlier as parties. The petitioners also seek to place on record that Pawan, Respondent No.5 has since passed away who is survived by his wife Indu, respondent No.4 in the present petition and minor children which fact is affirmed by learned APP for the State on instructions.

Application is allowed. Amended memo of parties is taken on record. Crl.M.C. 3570/2016 & Crl.M.A. 15102/2016 By this petition, the petitioners seek quashing of FIR No.231/2013

under Sections 147/148/149/323/506/427/34 IPC registered at PS Roop Nagar on the complaint of respondent No.2 and proceedings pursuant thereto as the parties have settled the matter. Learned APP for the State on instructions submits that in the above noted FIR the 8 petitioners are only accused and respondent No.2 the complainant/victim and respondent Nos. 3 to 8 are other victims out of which respondent No.5 has since passed away and is survived by respondent No.4 his wife and minor children.

Respondent Nos. 2 to 4 and 6 to 8 who are present in Court and identified by learned counsel and the investigating officer submit that they have settled the matter with the petitioners before the Delhi Mediation Centre, Tis Hazari Courts on 25th May, 2015 and does not wish to pursue the above noted FIR and proceedings pursuant thereto. The petitioners who are present in Court and identified by learned counsel affirm the statement of respondent Nos. 2 to 4 and 6 to 8 and state that they will abide by the terms of settlement dated 25th May, 2015.

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.231/2013 under Sections 147/148/149/323/506/427/34 IPC registered at PS Roop Nagar, 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 and application are disposed of. Order dasti. MUKTA GUPTA, J.

NOVEMBER 29, 2016 'V MITTAL'