Mohd Nadim & ORS v. The State & ANR

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MOHD NADIM & ORS ..... Petitioner Represented by:

Mr. Pankaj Kumar, Adv.

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

Mr. Sanjay Lao, ASC with SI Ajay Kumar, SI Ganpati Maharaj, PS Timarpur.

R-2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 14.12.2017 Crl.M.A. 9363/2017 Exemption allowed subject to just exceptions. By the present petition the petitioners seek quashing of FIR No. 217/2016 under Sections 380/451/34 IPC registered at PS Timarpur, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned Additional Standing Counsel for the State on instructions from Investigating Officer submits that in the above-noted FIR the three petitioners are the only accused and respondent No.2 the only complainant/ victim.

Respondent No. 2 is present in Court and is identified by the learned counsel and the Investigating Officer. He states that he has settled the matter with the Petitioners before the Delhi Mediation Centre, Tis Hazari Courts on 7th June, 2016 and in terms of the settlement he does not wish to pursue with 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 No.2. They undertake to abide by the terms of settlement arrived at between the parties on 7th June, 2016 before the Delhi Mediation Centre, Tis Hazari Courts. To show remorse they further undertake to deposit a cost of ₹5000/- each.

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. 217/2016 under Sections 380/451/34 IPC registered at PS Timarpur, Delhi and proceedings pursuant thereto are hereby quashed subject to each of the petitioners depositing a cost of ₹5000/- each with the Juvenile Justice Fund maintained by the Registrar General of this Court within four weeks.

Parties have signed this order sheet in acknowledgment of their statements made before this Court.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

DECEMBER 14, 2017 'ga'