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High Court of DelhiCRL.M.C./4405/2018

Abhishek Tyagi & ORS v. State Of NCT Delhi & ANR

2019-08-08Hon'Ble Mr. Justice Chander Shekhar2 pages

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4405/2018 & CRL.M.A.31035/2018 ABHISHEK TYAGI & ORS .... Petitioners Through:

Mr. Manoj Kumar Sharma, Adv. with petitioners in person versus STATE OF NCT DELHI & ANR .... Respondents Through:

Mr.Amit Chadha, APP with IO in person R-2 with counsel (name not given)

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 08.08.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.51/2016, under Sections 323/342/354/506/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Vivek Vihar, Delhi and the proceedings emanating therefrom.

2.

Response by way of affidavit stands filed by the respondent No.2.

3.

The petitioners and respondent No.2 as well as learned counsel for the parties submitted that the parties have settled their disputes on their own free will, without any force or coercion vide a Settlement Deed dated 23.8.2018.

4.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that since the matter stands settled, she has no objection to the petition being allowed and the FIR being quashed.

5.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioners as well as respondent No.2 and has also verified the settlement.

6.

In view of the aforesaid circumstances, the settlement arrived at between the parties and taking into consideration the age and socioeconomic background of the petitioners, I deem it appropriate to give the petitioners a chance to reform and reintegrate into the society as productive members. The petitioners are warned to be careful in future and to not indulge in such activities again. Taking into consideration the remorseful attitude of the petitioners, this Court is also of the view that no fruitful purpose would be served in keeping the parties entangled in the criminal proceedings. Accordingly, in the interest of justice, FIR No.51/2016, under Sections 323/342/354/506/34 of the IPC, registered at P.S.: Vivek Vihar, Delhi and the proceedings emanating therefrom are quashed. 7.

Petition is disposed of in above terms. Pending application is also disposed of.

CHANDER SHEKHAR, J AUGUST 08, 2019/rk