Mr. Kapil @ Ankit & ORS v. The State ( Govt Of NCT Of Delhi ) & ANR
$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MR. KAPIL @ ANKIT & ORS ..... Petitioners Represented by:
Mr. M. Hasibuddin, Advocate with petitioners in person.
versus THE STATE (GOVT OF NCT OF DELHI ) & ANR..... Respondents Represented by:
Mr. Piyush Singhal proxy for Mr. Ashish Aggarwal, ASC SI Manoj Kumar, P.S. Neb Sarai Respondent No. 2 in person.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
O R D E R
% 05.04.2018 By this petition the petitioners seek quashing of FIR No.217/2017 under Sections 308/341/120B/34 IPC registered at PS Neb Sarai on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Proxy counsel for the learned Additional Standing Counsel for the State on instructions submits that in the above noted FIR the eight petitioners are the only accused and respondent No.2 the only complainant/ victim.
Respondent No.2 who is present in Court and is identified by the Investigating Officer states that he is a teacher by profession and since the petitioners are young children, he does not wish to pursue the above noted
FIR and the proceedings pursuant thereto. He states that he has settled the matter with the petitioners vide Memorandum of Understanding dated 28th June, 2017 as the petitioners have apologised and assured that they will not misbehave in future.
The petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and undertake to abide by the terms of the settlement arrived at between the parties vide Memorandum of Understanding dated 28th June, 2017, copy whereof is annexed at pages 66-71 of the paper-book and have also apologised to the respondent No.2. Petitioners also assure that they will not indulge in any such incident in future and to show remorse the petitioners undertake to deposit some costs also.
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. 217/2017 under Sections 308/341/120B/34 IPC registered at PS Neb Sarai, Delhi and proceedings pursuant thereto are hereby quashed subject to the each of the petitioners depositing a cost of ₹5,000/- with the Juvenile Justice Fund maintained by the Registrar General of this Court within four weeks and will file receipts in this Court.
Parties have signed this order sheet in acknowledgment of their statements made before this Court.
Petition is disposed of. Order dasti.
APRIL 05, 2018/ns MUKTA GUPTA, J.