Anil Kumar Rai & ANR v. State & ANR

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2726/2017 ANIL KUMAR RAI & ANR ... Petitioners Represented by:

Mr.Ranjan Kumar, Advocate versus STATE & ANR ... Respondents Represented by:

Mr.Sanjay Lao, ASC for the State with Mr.Siddharth Sindhu, Advocate and SI Sunil, PS Dwarka Mr.K.K.Singh with Mr.Ashish Mohan, Advocate for respondent No.2

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 09.05.2018 By the present petition the petitioners seek quashing of FIR No.133/2012 under Sections 323/352/356/34 IPC registered at PS Dwarka North 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 submits that in the above noted FIR the two petitioners are the only accused and respondent No.2 the only complainant/victim. Respondent No.2 is present in Court and is identified by learned counsel and the Investigating Officer. He states that he has settled the matter with the petitioners vide Memo of Settlement dated 16th April, 2013 copy whereof is annexed as W.P.(CRL) 2726/2017

Annexure P-2 to the present petition. In terms of the settlement, respondent No.2 has received a sum of ₹25,000/- and he has now no claim whatsoever against the petitioner. He states that he will abide by the terms of the settlement and does not wish to pursue the abovementioned 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 Memorandum of Settlement arrived at between the parties on 16th April, 2013.

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.133/2012 under Sections 323/352/356/34 IPC registered at PS Dwarka North 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.

MAY 09, 2018 'rk'

W.P.(CRL) 2726/2017