Shekhar & ORS v. State NCT Of Delhi & ORS

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + SHEKHAR & ORS ..... Petitioner Represented by:

Mr. Udham Singh, Ms.

Yashima Sharma, Advs.

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

Mr. Ashish Negi, proxy Adv.

for Ms. Richa Kapoor, ASC with ASI Sumer Singh PS Dabri.

R-2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 09.03.2018 By the present petition the petitioners seek quashing of FIR No. 421/2016 under Sections 323/342/365/506/34 IPC registered at PS Dabri, 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 the learned Additional Standing Counsel on instructions from Investigating Officer submits that in the above-noted FIR though five persons were named, however during the investigation of the FIR role of only two accused has surfaced and a charge-sheet has been filed against the two petitioners herein only as accused. He further states

that the respondent No.2 is the only complainant/ victim in the above-noted FIR.

Respondent No. 2 is present in Court and is identified by the Investigating Officer. He states that he has settled the matter with the petitioners vide the settlement deed dated 17th May, 2016 copy whereof is annexed at pages 24 to 27 of the paper book. In terms of the settlement respondent No.2 does not wish to pursue the above-noted FIR and the proceedings pursuant thereto.

Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and undertake to abide by the terms of settlement.

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. 421/2016 under Sections 323/342/365/506/34 IPC registered at PS Dabri, 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.

MARCH 09, 2018 'ga'