Anil Sharma & ORS v. State & ANR

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3070/2017 ANIL SHARMA & ORS ..... Petitioners Through:

Mr. Gaurave Bhargava, Advocate with all four petitioners in person.

versus STATE & ANR ..... Respondents Through:

Mr. Akshai Malik, APP for State with SI Kishore Kumar, DIU/SEQ.

Ms. Shikha, Advocate for R-2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 09.08.2017 Crl.M.A.No.12715/2017 (exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.

CRL.M.C. 3070/2017 The instant petition has been filed by the petitioners seeking quashing of FIR No.348/2014 registered under Section 3 of the SC/ST (Prevention of Atrocities) Act, 1989, at PS Hazrat Nizamuddin, New Delhi, on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that a compromise/settlement has been arrived at between the parties in the matter.

Respondent No.2 is present in Court today and is identified by the learned counsel. She states that she has settled the matter with the petitioners CRL.M.C. 3070/2017

with her own free will and choice without any threat, pressure and coercion. She further submits that she does not wish to pursue the abovementioned FIR and the proceedings pursuant thereto.

Statements of the parties have been recorded separately. The question which arises for consideration that whether the FIR in the instant case can be quashed as the Sections of the SC & ST Act are involved which are non-compoundable.

In Crl. M. C. 903/2013 titled as Jeetwani & Ors. Vs. State of Delhi & Ors. and Crl. M. C. No. 2546/2008 titled as Shri Phuldeo Paswan Vs. State, the Coordinate Bench of this Court had quashed the case FIR wherein the offences under Sections of the SC & ST were involved. Keeping in view the facts, decision rendered by the other bench of this Court and the parties have amicably resolved their differences voluntarily and out of their own free will and without any coercion, pressure, and no useful purpose will be served in continuance of the proceedings. 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.348/2014 registered under Section 3 of the SC/ST (Prevention of Atrocities) Act, 1989, at PS Hazrat Nizamuddin, New Delhi, and proceedings pursuant thereto are hereby quashed. The petition is disposed of.

SANGITA DHINGRA SEHGAL, J AUGUST 09, 2017 / afa CRL.M.C. 3070/2017