Deepu Jaiswal & ORS v. State & ANR

22# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2421/2017 DEEPU JAISWAL & ORS ..... Petitioners Represented by:

Ms. Lavisha Kamra and Mr.

Vidur Kamra, Advocates with petitioners in peson.

versus STATE & ANR ..... Respondents Represented by:

Ms. Meenakshi Chauhan, APP for Mr.R.S. Kundu, Additional Standing Counsel for the State with SI Vijay Kumar, PS Mayur Vihar.

Respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 09.02.2018 By the present petition the petitioners seeks quashing of FIR No. 239/2012 under Section 380/411/419/420/467/468/471/120B/34 IPC registered at PS Mayur Vihar, Delhi on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.

Learned APP appearing on behalf of learned Additional Standing Counsel for the State on instructions from Investigating Officer submits that in the above-noted FIR the three petitioners are the only accused and the respondent No. 2 is the only complainant/victim. Respondent No. 2 is present in Court and is identified by the W.P.(CRL) 2421/2017

Investigating Officer. He states that he has settled the matter with the petitioners vide Deed of Compromise dated 4th February, 2013, copy whereof has been placed as Annexure-P2 to the present petition. He states that in view of the settlement he does not wish to pursue the above-noted FIR and the proceedings pursuant thereto and he will abide by the terms of the settlement.

The 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 Deed of Compromise dated 4th February, 2013 annexed as Annexure-P2 to the present petition. 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. 239/2012 under Section 380/411/419/420/ 467/468/471/120B/34 IPC registered at PS Mayur Vihar, 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.

FEBRUARY 09, 2018/'vn'

W.P.(CRL) 2421/2017