Ramkesh & ORS v. State (Govt Of NCT Of Delhi) & ORS

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RAMKESH & ORS ..... Petitioner Represented by:

Mr. Ajay Kumar, Adv.

versus STATE (GOVT OF NCT OF DELHI) & ORS ..... Respondent Represented by:

Ms. Meenakshi Chauhan, APP with SI Rameshwar PS Fateh Pur Beri.

R-2 & 3 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 05.12.2016 Crl.M.A. 18908/2016 Exemption allowed subject to just exceptions. By the present petition the petitioners seek quashing of FIR No. 491/2013 under Sections 308/323/34 IPC registered at PS Fateh Pur Beri, 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 five petitioners are the only accused and respondent No.2 the complainant/ victim and respondent No.3 the other victim.

Respondent No. 2 and 3 are present in Court and are identified by the Investigating Officer. They state that they have settled the matter with the petitioners who are their relations and neighbour with the intervention of the other family members vide memorandum of understanding dated 23rd October 2016 and they do 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 No.2 and 3 and state that they will abide by the terms of settlement arrived at between the parties on 23rd October, 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. 491/2013 under Sections 308/323/34 IPC registered at PS Fateh Pur Beri, 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 05, 2016 'ga'