Sanjay Kumar & ORS v. State Of NCT Of Delhi & ORS

$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI + SANJAY KUMAR & ORS ..... Petitioners Represented by:

Mr.Arun Sheoran, Mr.Sushil Kumar and Mr.Sumit Jain, Advocates versus STATE OF NCT OF DELHI & ORS ..... Respondents Represented by:

Ms.Kamna Vohra, ASC for the State with Ms.Sarabjeet Kaur, Advocate and SI Ashwani, PS Jyoti Nagar Mr.Rahul Chaudhary, Advocate for the complainant

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 08.10.2018 Crl.M.A.No.33720/2018 Allowed subject to just exceptions.

W.P.(Crl.) No.3072/2018 1.

By this petition, the petitioners seek quashing of FIR No.179/2014 under Sections 323/308/506/34 IPC registered at PS Jyoti Nagar on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. 2.

Learned Additional Standing Counsel for the State on instructions submits that in the above noted FIR the six petitioners are the only

accused, respondent No.2 is the complainant/victim and respondent No.3 to 7 are other victims.

3.

Respondent Nos.2 to 7 who are present in Court and are identified by the learned counsel and Investigating Officer state that they have settled the matter with the petitioners who are their neighbours vide settlement deed dated 2nd May, 2018. In terms of the settlement, they do not wish to pursue the abovenoted FIR and the proceedings pursuant thereto. They undertake that they would live amicably and harmoniously with the petitioners. 4.

Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 to 7 and undertake to abide by the terms of settlement arrived at between the parties. They also assure that no such misbehaviour will take place in future and as the parties are living in the neighbourhood, they will live with the respondent Nos.2 to 7 in an amicable and cordial manner and will give no cause of grievance. 5.

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.

6.

Consequently, FIR No.179/2014 under Sections 323/308/506/34 IPC registered at PS Jyoti Nagar and proceedings pursuant thereto are hereby quashed.

7.

Parties have signed this order sheet in acknowledgment of their

statements made before this Court.

8.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

OCTOBER 08, 2018 mamta