Phool Wati @ Phulli & ORS v. The State & ANR

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3085/2018 PHOOL WATI @ PHULLI & ORS ..... Petitioners Represented by:

Mr.Vimal Puggal, Advocate versus THE STATE & ANR ..... Respondents Represented by:

Ms.Purnima Malik, Advocate for Mr.Avi Singh, ASC for the State with SI Vishwanath and ASI Surender, PS Sadar Bazar Mr.Ravinder Kumar, Advocate for RCORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 08.10.2018 Crl.M.A.No.33784/2018 Allowed subject to just exceptions.

W.P.(Crl.) No.3085/2018 1.

By this petition, the petitioners seek quashing of FIR No.117/2018 under Sections 328/34 IPC registered at PS Sadar Bazar on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.

2.

Learned proxy counsel for learned Additional Standing Counsel for the State on instructions submits that in the above noted FIR the allegations are against the three petitioners and respondent No.2 is the complainant/victim. She further states that petitioner No.3 as on today is a minor and thus represented by his mother petitioner No.2. W.P.(CRL) 3085/2018

3.

Respondent No.2 who is present in Court and is identified by the learned counsel and Investigating Officer states that she settled the matter with the petitioners vide settlement deed dated 5th October, 2018 copy whereof is annexed as Annexure B to the present petition. In terms of the settlement, she does not wish to pursue the abovenoted FIR and the proceedings pursuant thereto and the same be quashed. 4.

Petitioners are present in Court. Petitioner Nos.1 and 2 on their behalf and petitioner No.2 on behalf of petitioner No.3 who is a minor state that they have settled the matter with respondent No.2 and affirm her statement. 5.

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.

6.

Consequently, FIR No.117/2018 under Sections 328/34 IPC registered at PS Sadar Bazar and proceedings pursuant thereto are hereby quashed.

7.

Petitioner Nos.1 and 2 on their behalf, petitioner No.2 on behalf of petitioner No.3 who is a minor and respondent No.2 have signed this order sheet in acknowledgment of their statements made before this Court. 8.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

OCTOBER 08, 2018/mamta W.P.(CRL) 3085/2018