Sanjeev & ORS v. Govt. Of NCT Of Delhi &ORS.

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

Mr. Gaurav Sharma, Advocate with petitioner in person.

versus GOVT. OF NCT OF DELHI &ORS.

..... Respondents Represented by:

Mr. Amit Ahlawat, APP for the State with SI Ajay, PS Samaipur Badli.

Mr. Rahul Yadav, Advocate for respondent Nos. 2 and 3 with respondent Nos. 2 and 3 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 26.10.2016 Crl. M.A. No. 16789/2016 (Exemption) Allowed, subject to all just exceptions.

By the present petition the petitioners seek quashing of FIR No. 588/2016 under Sections 323/324/354/354B/509/34 IPC registered at PS Samaipur Badli, 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 submits that in the above noted FIR, the three petitioners are the only accused and respondent No. 2 the complainant/victim and the respondent No.3 the other victim in the above noted FIR.

The Respondent Nos. 2 and 3 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 vide Settlement Deed dated 30th September, 2016 and they do not want to pursue the abovementioned FIR and the proceedings pursuant thereto as the parties are neighbours. Petitioner who are present in Court and are identified by the learned counsel affirm the statement of respondent Nos.2 and 3 and state that they would abide by the terms of the settlement dated 30th September, 2016 and to show remorse they would deposit a cost of ₹5,000/- 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. 588/2016 under Sections 323/324/354/ 354B/509/34 IPC registered at PS Samaipur Badli, Delhi and proceedings pursuant thereto are hereby quashed, subject to the petitioners depositing ₹5,000/- each with the Delhi High Court Legal Services Committee within four weeks.

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.

OCTOBER 26, 2016 'vn'