Shikha & ORS v. State & ANR

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

Mr. R.K. Solanki, Advocate with petitioners in person.

versus STATE & ANR ..... Respondent Represented by:

Ms. Rajni Gupta, APP for the State with SI Mukesh Kumar, PS Bindapur.

Mr. Sudhir Tewatia, Advocate for respondent Nos. 2 to 4 with respondent Nos. 2 to 4 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 24.11.2016 Crl. M.A. No. 15646/2016 (Exemption) Allowed, subject to all just exceptions.

By the present petition the petitioners seek quashing of FIR No. 744/2015 under Sections 452/323/380/34 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 APP for the State on instructions from the Investigating Officer submits that in the above noted FIR five petitioners are the only

accused and the respondent No. 2 the complainant/victim and respondent Nos. 3 and 4 the other victims, who all have been impleaded by the amended memo of parties.

The Respondent Nos. 2 to 4, 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 before the Delhi Mediation Centre, Dwarka Courts on 17th August, 2015 and they have no claims whatsoever remaining against the petitioners. They state that they do not want to pursue the abovementioned FIR and the proceedings pursuant thereto.

Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent Nos.2 to 4 and state that they will 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. 744/2015 under Sections 452/323/380/34 IPC registered at PS Binda Pur, 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 is disposed of. Order dasti.

MUKTA GUPTA, J.

NOVEMBER 24, 2016 'vn'