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High Court of DelhiW.P.(CRL)/2052/2017

Rajeev Malik & ORS v. State (Govt Of NCT Delhi) & ORS

2018-08-02Hon'Ble Ms. Justice Mukta Gupta3 pages

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RAJEEV MALIK & ORS ..... Petitioners Represented by:

Mr. Ravesh Thukral and Mr.

Shubham Mahajan, Advocates.

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

Ms. Amita Sachdeva, Advocate on behalf of Ms. Richa Kapoor, ASC with ASI Rajender Singh, PS Geeta Colony.

Mr. D.K. Singh and Mr.Gaurav Singh, Advocate for R-2 to 5.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 02.08.2018 By the present petition the petitioners seek quashing of FIR No. 204/2017 under Sections 354/354B/323/341/506/34 IPC registered at PS Geeta Colony, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.

Learned proxy counsel for learned Additional Standing Counsel for the State on instructions submits that in the above noted FIR the three petitioners are the only accused and the respondent No.2 is the complainant/ victim and respondent Nos. 3 to 5 are the other three victims. He further

states that respondent No. 4 is minor and thus represented through his father. Respondent No. 2, 3, 4 and 5 are present in Court. Respondent No. 4 is represented through his father, Shri Anil Seth, who is also present in Court.

Respondent Nos. 2, 3 and 5 and Shri Anil Seth, father of respondent No. 4, are identified by the learned counsel and Investigating Officer state that they have settled the matter with the petitioners who are there relative vide the Memorandum of Understanding dated 22nd April, 2018. Pursuant to the settlement they do not want to pursue the abovementioned FIR and the proceedings pursuant thereto and undertake to abide by the terms of settlement.

Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2, 3 and 5 and father of respondent No. 4 and undertake to abide by the terms of settlement arrived at between the parties.

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.

204/2017 under Sections 354/354B/323/341/506/34 IPC registered at PS Geeta Colony, 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.

AUGUST 02, 2018 'yo'