Shri Anil Sharma & ORS v. State Of Delhi & ANR

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + SHRI ANIL SHARMA & ORS ..... Petitioner Represented by:

Mr. Pradeep Verma, Adv.

versus STATE OF DELHI & ANR ..... Respondent Represented by:

Mr. Piyush Singhal, Adv. for Mr. Ashish Aggarwal, ASC with SI Bijender Kumar PS Palam Village.

Ms. Nisha Kaushik/R-2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 27.11.2017 By the present petition the petitioners seek quashing of FIR No. 614/2014 under Sections 404/406/420/423/426/428/474/34 IPC registered at PS Palam Village, Delhi and the proceedings pursuant thereto on the ground that the parties have settled the matter. The above-noted FIR was lodged by Nisha Kaushik the constituted attorney of Supriya Sharma, power of attorney in whose favour is annexed as Annexure P3 to the present petition.

In terms of the power of attorney, Ms. Nisha Kaushik is also entitled to settle the matter with the petitioners. Parties have settled the matter as per the Mutual Settlement Agreement dated 23rd May, 2016 annexed as

Annexure P2 to the present petition.

Ms. Nisha Kaushik the authorized representative of the complainant who had lodged the FIR is present in Court and is identified by the investigating officer. She states that the respondent has settled the matter with the petitioners as per the Mutual Settlement Agreement dated 23rd May, 2016 and she does not wish to pursue the above-noted FIR and the proceedings pursuant thereto.

Petitioners who are present in Court and are identified by their counsel affirm the settlement and undertake to abide by the same. 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.

614/2014 under Sections 404/406/420/423/426/428/474/34 IPC registered at PS Palam Village, Delhi and proceedings pursuant thereto are hereby quashed subject to payment of cost of ₹10,000/- by each of the petitioners with the Delhi High Court Staff Welfare Fund within two 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.

NOVEMBER 27, 2017 'ga'