Mukkarram & ORS v. State Of NCT Of Delhi & ANR

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

Mr. Anil Tomar, Mr. Sushil Kumar, Advs.

versus STATE OF NCT OF DELHI & ANR ..... Respondent Represented by:

Mr. R.S. Kundu, ASC with Mr.

Suman Saharan, Mr. Murli Manohar, Advs. with SI Rahul Sagar, PS Seemapuri.

Mr. Arun Sheoran, Adv. for R-2 &3 with R-2 & 3 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 14.11.2018 By the present petition the petitioners seek quashing of FIR No. 364/2017 under Sections 323/452/354/354-B/34 IPC registered at PS Seemapuri, 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 seven petitioners as impleaded by the amended memo of parties are the accused and respondent No.2 the complainant/ victim besides whom respondent No.3 the husband of respondent No.2 is 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 the petitioners are their neighbours and with the intervention of family and friends they have settled the matter with the Petitioners vide Memorandum of Understanding dated 7th August, 2018. In terms of the settlement they do not wish to pursue the abovementioned FIR and the proceedings pursuant thereto and undertakes to abide by the terms of settlement arrived at between the parties.

Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and 3. They also apologise and assure that no such misbehaviour will take place in future. To show remorse they undertake to deposit some cost.

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. 364/2017 under Sections 323/452/354/354B/34 IPC registered at PS Seemapuri, Delhi and proceedings pursuant thereto are hereby quashed subject to each of the petitioners depositing a cost of ₹3000/- with the Juvenile Justice Fund maintained by the Registrar General of this Court within three 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.

NOVEMBER 14, 2018 'ga'