Naveen & ORS v. The State & ORS

3# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + NAVEEN & ORS ..... Petitioners Represented by:

Mr. Vijay Waghey, Advocate with petitioners in person.

versus THE STATE & ORS ..... Respondents Represented by:

Mr. Ashish Aggarwal, Additional Standing Counsel for State with SI Rahul Malan, PS Gandhi Nagar.

Respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 10.01.2018 By the present petition the petitioners seek quashing of FIR No. 80/2017 under Sections 354 IPC registered at PS Gandhi Nagar, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned Additional Standing Counsel for the State on instructions from Investigating Officer submits that in the above-noted FIR the two petitioners are the only accused and the respondent No.2 the only complainant/victim. He further states that though at the time of registration of FIR respondent No.2 was a minor however, now she has turned major on 1st January, 2018.

Respondent No. 2 is present in Court and is identified by the Investigating Officer. She states that she has settled the matter with the petitioners, as the petitioners have apologised to her and expressed remorse on their conduct. She states that since both the parties are residing in the neighbourhood she does not wish to create more ill will and does not wish to pursue the above-noted 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 No.2 and tender their unqualified apology. They also undertake not to misbehave in future with respondent No.2 or any other person. Petitioners also state that to show remorse they are willing to deposit some cost.

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. 80/2017 under Sections 354 IPC registered at PS Gandhi Nagar, Delhi and proceedings pursuant thereto are hereby quashed subject to the petitioners depositing a total sum of ₹5,000/- each with the Juvenile Justice Fund maintained by the Registrar General of this Court within four weeks.

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

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

JANUARY 10, 2018 'vn'