Dinesh & ORS v. State (Govt Of NCT Of Delhi) & ANR

49# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + DINESH & ORS ..... Petitioners Represented by:

Mr. Virender Singh, Advocate with petitioners in person.

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

Mr. Avi Singh, Additional Standing Counsel for State with Mr. Tanuj Bhadana, Advocate with SI Balwant Singh and HC Krishan, PS Mundka.

Respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 25.10.2018 Crl. M.A. No. 34838/2018 (Exemption) Allowed, subject to all just exceptions.

By the present petition, petitioners seek quashing of FIR No. 241/2017 under Sections 452/232/506/34 IPC registered at PS Mundka, 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.

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 Compromise Deed dated 28th April, 2018, copy whereof is annexed as Annexure A-3 to the present petition. In terms of the settlement, the petitioners have adequately compensated him for his medical expenses and he 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 will abide by the terms of settlement. They also assure that no misbehaviour will take place in future and to show remorse they undertake 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. 241/2017 under Sections 452/232/506/34 IPC registered at PS Mundka, Delhi and proceedings pursuant thereto are hereby quashed subject to each of the petitioner depositing a cost of ₹2,500 with the Chief Minister's Distress Relief Fund, Kerala within four 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 25, 2018 'vn'