Sunny & ORS v. State & ANR

20# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3728/2016 SUNNY & ORS ..... Petitioners Represented by:

Mr. Sudhir Tewatia, Advocate with petitioners in person.

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

Ms. Meenakshi Chauhan, APP for the State with SI Mukesh Kumar, PS Bindapur.

Mr. R.K. Solanki, Advocate for respondent Nos. 2 to 6 with respondent Nos. 2 to 6 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 24.11.2016 By the present petition the petitioners seek quashing of FIR No. 175/2015 under Sections 323/354/34 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 three petitioners are the only accused and the respondent No. 2 the complainant/victim and respondent Nos. 3 to 6 the other victims, who all have been impleaded by the amended memo of parties.

The Respondent Nos. 2 to 6, who are present in Court and are CRL.M.C. 3728/2016

identified by the learned counsel and the Investigating Officer state that they have settled the matter with the petitioners. In terms of the settlement marriage between Sunny and Shikha has already been dissolved by a decree of divorce by mutual consent and Shikha has now no claim whatsoever of any kind 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 6 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. 175/2015 under Sections 323/354/34 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'

CRL.M.C. 3728/2016