High Court of DelhiCRL.M.C./4385/2016

Avtar Singh & ANR. v. State & ORS.

2017-01-23Hon'Ble Ms. Justice Mukta Gupta3 pages

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + AVTAR SINGH & ANR.

..... Petitioner Represented by:

Mr. R.K.Bachchan, Adv.

versus STATE & ORS.

..... Respondent Represented by:

Ms. Meenakshi Chauhan, APP with SI Mohinder Singh PS Rajouri Garden.

Mr. Vinay Duggal, Adv. for R-2 to 4.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 23.01.2017 By the present petition the petitioners seek quashing of FIR No. 1349/2014 under Sections 323/324/308/34 IPC registered at PS Rajouri Garden, Delhi 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 from Investigating Officer submits that in the above-noted FIR the two petitioners are the only accused and respondent No.2 the complainant/ victim and respondent No.3 & 4 the other victim.

Respondent No. 2, 3 & 4 are present in Court and are identified by the learned counsel and the Investigating Officer. They state that they have settled the matter with the petitioners and do not wish to pursue the abovenoted FIR and the proceedings pursuant thereto. The petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent Nos.2 to 4, tendering their unqualified apology assure that no such misbehaviour will take place in future. To show remorse the petitioners undertake to deposit a cost of ₹5000/- each.

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. 1349/2014 under Sections 323/324/308/34 IPC registered at PS Rajouri Garden, Delhi and proceedings pursuant thereto are hereby quashed subject to both the petitioners paying a sum of ₹5000/- each to the Delhi High Court Staff Welfare Fund within four weeks. Copy of the receipt of payment of cost be filed on record. 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 23, 2017 'ga'