Dinesh Kumar & ORS v. State(Govt Of NCT Of Delhi) & ORS

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

Mr. Bal Kishan, Adv.

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

Mr. Hirein Sharma, APP with ASI Yatender Kumar PS New Ashok Nagar.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 19.12.2016 Crl.M.A. 19616/2016 Exemption allowed subject to just exceptions. Notice. Learned APP for the State accepts notice. By the present petition the petitioners seek quashing of FIR No. 526/2009 under Sections 323/308/34 IPC registered at PS New Ashok Nagar, Delhi on the complaint of Respondent No.3 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 in the above-noted FIR the three petitioners are the only accused and respondent No.3 the complainant/ victim and Respondent No.2, 4 & 5 the other three victims.

Respondent Nos. 2 to 5 are present in Court and are identified by the Investigating Officer. They state that the petitioners are living in their neighbourhood and with the intervention of elders and friends the matter has been sorted out between the parties. The petitioners have duly compensated them for the medical treatment the respondent Nos.2 to 5 underwent and have apologised for their conduct and assure that no such misbehaviour will take place in future. They state that they do not wish to pursue the abovementioned FIR and the proceedings pursuant thereto. Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent Nos. 2 to 5 and tender their unqualified apology besides assurance of no cause of grievance in future.

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. 526/2009 under Sections 323/308/34 IPC registered at PS New Ashok Nagar, Delhi and proceedings pursuant thereto are hereby quashed.

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.

DECEMBER 19, 2016 'ga'