Ajay Tyagi & ORS. v. State & ORS.

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + AJAY TYAGI & ORS.

..... Petitioner Represented by:

Mr. Anupam S. Sharma, Mr.

Ankit Dhawan, Advs.

versus STATE & ORS.

..... Respondent Represented by:

Mr. R.S. Kundu, ASC with SI Yogesh PS Timarpur.

Mr. Darshan Paliwal, Mr.

Prashant Chaudhary, Advs. for R-2 to 5.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 22.12.2016 Crl.M.A. 20003/2016 Exemption allowed subject to just exceptions. By the present petition the petitioners seek quashing of FIR No. 243/2016 under Sections 323/506/354/354B/452/448/511/34 IPC registered at PS Timar Pur, 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 four petitioners are the only accused and respondent No. 2 the complainant/ victim and respondent No.3 to 5 the

other victims.

Respondent Nos. 2 to 5 are present in Court and are identified by the learned counsel. They state that they have settled the matter with the petitioners before the Delhi Mediation Centre, Tis Hazari Courts on 26th May, 2016. They further state that the main dispute between the parties was in respect of property admeasuring 125 sq. Yds. Situated in Village Wazirabad, Abadi known as Gali No.10, Village Wazirabad. Pursuant to the settlement the petitioners have transferred the property in the name of respondent No.4 and now they have no dispute left between the parties and does not wish to pursue the above-noted FIR and the proceedings pursuant thereto.

Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent Nos. 2 to 5 and state that they will abide by the terms of settlement arrived at between the parties on 26th May, 2016 before the Delhi Mediation Centre, Tis Hazari Courts. 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.

243/2016 under Sections 323/506/354/354B/452/448/511/34 IPC registered at PS Timar Pur, 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.

DECEMBER 22, 2016 'ga'