High Court of DelhiCRL.M.C./240/2017

Dinesh & ORS v. NCT Of Delhi & ORS

2017-03-17Hon'Ble Ms. Justice Mukta Gupta2 pages

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 240/2017 DINESH & ORS ..... Petitioners Represented by:

Mr. Surender Singh, Advocate versus NCT OF DELHI & ORS ..... Respondents Represented by:

Mr. Amit Ahlawat, APP for the State with SI Manoj PS Alipur Mr. Amit Rana, Advocate for Respondent Nos. 2 & 3

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 17.03.2017 By the present petition, the Petitioners seek quashing of FIR No. 535/2014 under Sections 323/325/341/354B/452/509/34 IPC registered at PS Alipur, Delhi on the complaint of Respondent No.2. Learned counsel for the State on instructions from Investigating Officer states that in the above noted FIR besides the four Petitioners no other accused is involved and the Respondent No. 2 is the complainant/victim and Respondent no.3 the other victim. Respondent Nos. 2 & 3 are present in Court and are identified by their counsel and the Investigating Officer. They state that they have settled the matter with the Petitioners vide Memorandum of Understanding (MOU) dated 18th September, 2016, which is annexed as Annexure P-3 (at page nos. 39 to 41) and in terms thereof, they do not want to pursue the

abovementioned FIR and the proceedings pursuant thereto. Respondent Nos.2 & 3 undertake to abide by the terms of the MOU dated 18th September, 2016.

Petitioners who are present in the Court and are identified by the counsel, affirm the statement made by respondent nos.2 & 3 and state that they will abide by the terms of the MOU dated 18th September, 2016. 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.

535/2014 under Sections 323/325/341/354B/452/509/34 IPC registered at PS Alipur, 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.

MARCH 17, 2017 'sm'