Mukul Shubham Sharma & ORS v. State Of Gnct & ORS
$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MUKUL SHUBHAM SHARMA & ORS ..... Petitioner Represented by:
Mr. Puneet Parihar, Mr. Vivek R. Mohanty, Advs.
versus STATE OF GNCT & ORS ..... Respondent Represented by:
Mr. Rajesh Mahajan, ASC with Mr. Mohit Sharma, Adv. with ASI Satyavir Singh, PS Kalyan Puri.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
O R D E R
% 12.12.2017 Crl.M.As. 12572/2017 & 16963-16964/2017 By Crl.M.A. 16964/2017 the petitioner seeks impleadment of petitioner No.4 and 5 the two other accused besides the existing accused and by the other two applications the petitioner seeks to place on record the amended memo of parties.
Applications are disposed of permitting petitioner No.4 and 5 to be impleaded as parties and taking amended memo of parties on record. By the present petition the petitioners seek quashing of FIR No. 961/2015 under Sections 323/341/506/34 IPC registered at PS Kalyan Puri, 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 five petitioners are the only accused and respondent No.2 the complainant/ victim and respondent No.3 and 4 the other victims. Respondent No. 2, 3 & 4 are present in Court and are identified by the Investigating Officer. They state that they have settled the matter with the Petitioners vide the compromise deed dated 5th July, 2017 copy whereof is annexed as Annexure B to the present petition at pages 29 to 31. They state that they will abide by the terms of settlement and do not wish to puruse 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.2,3&4 and undertake to abide by the terms of settlement arrived at between the parties on 5th July, 2017 as mentioned above.
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. 961/2015 under Sections 323/341/506/34 IPC registered at PS Kalyan Puri, Delhi and proceedings pursuant thereto are hereby quashed.
Parties have signed this order sheet in acknowledgment of their statements made before this Court.
Petition is disposed of. Order dasti.
MUKTA GUPTA, J.
DECEMBER 12, 2017 'ga'