High Court of DelhiCRL.M.C./3875/2016

Mohd.Aarif & ORS. v. The State & ORS.

2016-10-24Hon'Ble Ms. Justice Mukta Gupta2 pages

$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3875/2016 MOHD.AARIF & ORS.

..... Petitioner Represented by:

Mr. Abhishek Sharma, Adv.

versus THE STATE & ORS.

..... Respondent Represented by:

Mr. Ashok Kumar Garg, APP with SI K.P. Singh PS Seelampur.

Mr. Harish Kumar, Mr. Anil Goswami, Advs. for R-2&3.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 24.10.2016 By the present petition the petitioners seek quashing of FIR No. 469/2011 under Sections 323/324/341/452/506/34 IPC registered at PS Seelampur, Delhi on the complaint of Respondent No.2 on the ground that the parties have settled the matter.

Learned APP for the State on instructions from Investigating Officer submits that in the above-noted FIR the five petitioners are the only accused and respondent No.2 the complainant and respondent No.3 the other victim. Respondent No. 2 and 3 are present in Court and are identified by the learned counsel and the Investigating Officer. They state that they have CRL.M.C. 3875/2016

settled the matter with the Petitioners and do not wish 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 No. 2 & 3 and also assure that no such misbehaviour will take place in future and to show remorse volunteer to deposit a sum of ₹10,000/- 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. 469/2011 under Sections 323/324/341/452/ 506/34 IPC registered at PS Seelampur, Delhi and proceedings pursuant thereto are hereby quashed subject to the petitioners depositing a sum of ₹10,000/- 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.

The petition is disposed of. Order dasti.

MUKTA GUPTA, J.

OCTOBER 24, 2016 'ga'

CRL.M.C. 3875/2016