Mahesh Gaur & ANR v. State

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4558/2016 MAHESH GAUR & ANR ..... Petitioner Represented by:

Mr. B.R. Sharma, Adv. with petitioners.

versus STATE ..... Respondent Represented by:

Mr. Amit Ahlawat, APP for the State with SI Anurag, PS Mehrauli.

R-2 and 3 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 20.04.2017 By the present petition the petitioners seek quashing of FIR No. 907/2014 under Sections 354A/506/509/34 IPC registered at PS Mehrauli 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 two petitioners are the only accused, respondent No.2 the complainant/victim and respondent No.3 the other victim. Respondent No.2 and 3 who are wife and husband are present in Court and identified by the investigating officer, state that they have settled the matter with the petitioners as petitioner No. 1 and respondent No. 3 are siblings and petitioner No. 2 and respondent No. 2 are sisters-in-law vide Memorandum of Settlement dated 7th September, 2016 arrived at between the parties and other family members copy whereof has been placed on

record at pages 27 to 28 of the paper book. They further state that in view of the fact that the dispute was between the family members, a comprehensive settlement has been arrived at and respondents No. 2 and 3 have acted in terms of the settlement. They do not wish to pursue the above noted FIR and the proceedings pursuant thereto. The petitioners who are present in Court and identified by learned counsel affirm the statement of respondent Nos. 2 and 3 and undertake to abide by the terms of the settlement dated 7th 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, 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. 907/2014 under Sections 354A/506/509/34 IPC registered at PS Mehrauli, Delhi and proceedings pursuant thereto are hereby quashed.

Parties have signed this order sheet in acknowledgment of their statements made before this Court.

Petition is disposed of.

Order dasti.

MUKTA GUPTA, J.

APRIL 20, 2017 'v mittal'