Harender Bhati & ORS v. The State ( NCT Of Delhi) & ANR

43# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3049/2018 HARENDER BHATI & ORS ..... Petitioners Represented by:

Mr. Pawan Sharma, Advocate with petitioners in person.

versus THE STATE (NCT OF DELHI) & ANR ..... Respondents Represented by:

Mr. Sanjay Lao, Additional Standing Counsel for State with Ms. Hemlata Rawat, Advocate with SI Dharmender Pal, PS Mehrauli.

Mr. Mohit Sharma, advocate for respondent Nos. 2 and 3 with Respondent Nos. 2 and 3 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 05.10.2018 By the present petition the petitioners seek quashing of FIR No. 119/2016 under Sections 308/324/323/34 IPC registered at PS Mehrauli, Delhi on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned Additional Standing Counsel for the State on instructions from Investigating Officer submits that in the above-noted FIR the four petitioners are the only accused and the respondent No. 2 the complainant/victim and the respondent No.3 the other victim.

Respondent Nos. 2 and 3 are present in Court and are identified by the learned counsel and the Investigating Officer. They state that they have settled the matter with the petitioners vide Settlement Deed dated 3rd October, 2018 as W.P.(CRL) 3049/2018

the parties are living in neighbourhood and they do 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 Nos.2 and 3 and tender their apology and assure that no such misbehaviour will take place in future. They also undertake to abide by the terms of the settlement arrived at between the parties and to show remorse the petitioner undertakes to deposit some costs also.

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, 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. 119/2016 under Sections 308/324/323/34 IPC registered at PS Mehrauli, Delhi and proceedings pursuant thereto are hereby quashed subject to each of the petitioner depositing a cost of ₹5,000/- with the Chief Minister's Distress Relief Fund, Kerala within two weeks. Receipt thereof will be placed on record.

Parties have signed this order sheet in acknowledgment of their statements made before this Court.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

OCTOBER 05, 2018/'vn'

W.P.(CRL) 3049/2018