Parmod Sharma & ORS v. State (NCT Of Delhi) & ANR

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + PARMOD SHARMA & ORS ..... Petitioner Represented by:

Mr. Vikas Bhatia, Adv.

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

Ms. Meenakshi Chauhan, AP with SI Yogesh PS Mayapuri, SI Govind Singh PS Uttam Nagar.

Mr. Harpreet Singh, Adv. for R-2, 3,5&6.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 07.03.2017 By the present petition the petitioners seek quashing of FIR No. 144/2012 under Sections 452/323/324/506/509/34 IPC registered at PS Uttam 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 APP for the State on instructions from Investigating Officer submits that as noted in the amended memo of parties the three petitioners are the only accused, respondent No.2 the complainant and respondent No.3, 5 & 6 the other victims. She further states that respondent No.4 was also a

victim who has since passed away on 19th August, 2014, however all her legal heirs i.e. her husband and the three children are already impleaded as respondents No.2, 3, 5 & 6 respectively.

Respondents No. 2, 3, 5 & 6 are present in Court and are identified by the learned counsel. They state that with the intervention of neighbours and elders a settlement has been arrived at between the parties on 25th November, 2016 copy whereof is annexed as Annexue P-3 to the present petition at pages 72 to 74. They state that they do 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 respondents No.2,3,5 & 6 and tendering their unqualified apology assure that no such misbehaviour will take place in future. To show remorse they agree to deposit 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.

144/2012 under Sections 452/323/324/506/509/34 IPC registered at PS Uttam Nagar, Delhi and proceedings pursuant thereto are hereby quashed subject to each of the petitioners depositing a sum of ₹15,000/- each with the Delhi High Court Staff Welfare Fund within four weeks.

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.

MARCH 07, 2017 'ga'