Braham Prakash & ORS v. State & ANR

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3954/2016 BRAHAM PRAKASH & ORS ..... Petitioners Represented by:

Mr. M.K. Tyagi, Adv. along with petitioners versus STATE & ANR ..... Respondents Represented by:

Mr. Amit Ahlawat, APP for State Insp. Satbir Singh, PS Chhawla Mr. Dinesh Kumar, Adv. for R-2

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 24.01.2017 By the present petition, the Petitioners seek quashing of FIR No. 627/2014 under Sections 308/34 IPC registered at PS Chhawla, New Delhi on the complaint of Respondent No.2- Satish and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned APP appearing on behalf of the State on instructions from Investigating Officer, states that besides the Petitioners, there is no other accused involved in the FIR and besides Respondent No. 2, there is no other complainant/victim.

Respondent No. 2 is present in Court and is identified by his counsel as well as by the Investigating Officer. He states that he has settled the matter with the Petitioners vide Settlement Deed dated 14th September, 2016 and in terms of the settlement arrived at between the parties, he does not wish to pursue the abovementioned FIR and the proceedings pursuant

thereto. Furthermore, he undertakes to abide by the terms and conditions of the settlement as elaborated in the aforesaid Settlement Deed dated 14th September, 2016.

The petitioners who are present in Court and identified by their counsel as well as by the Investigating Officer affirm the statement of Respondent No. 2 and state that they will abide by the terms and conditions of the settlement as elaborated in the aforesaid Settlement Deed dated 14th September, 2016.

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. 627/2014 under Sections 308/34 IPC registered at PS Chhawla, New Delhi, registered at PS- Chhawla, New Delhi and proceedings pursuant thereto are hereby quashed. 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 JANUARY 24, 2017 sd