Asha Sharma v. State & ORS

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2801/2017 ASHA SHARMA ... Petitioner Represented by:

Mr.Anurag Jain with Ms.Ayushi Sharma, Advocates versus STATE & ORS ... Respondent Represented by:

Ms.Richa Kapoor, ASC for the State with SI Sanjay Kaushik, PS Sarai Rohilla Mr.Ratnesh Bansal, Advocate for respondent No.2

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 20.02.2018 By this petition the petitioner seeks quashing of FIR No.334/2013 under Sections 467/120B/468/34/471/420 IPC registered at PS Sarai Rohilla, 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 submits that the above noted FIR was registered pursuant to order under Section 156(3) Cr.P.C. passed by learned Metropolitan Magistrate on the complaint of respondent No.2, who was the tenant of the petitioner, against the petitioner and respondents No.3 to 5. She states that in the above noted FIR, the petitioner and respondents No.3 to 5 are the accused and respondent No.2 the only complainant/victim.

W.P.(CRL) 2801/2017

Respondent No.2 is present in Court and is identified learned counsel and the Investigating Officer. He states that he has now settled the matter with the petitioner and respondents No.3 to 5 and has vacated the premises in question, in lieu whereof the petitioner and respondent No.3 have handed over the balance amount of ₹75,000/- as well, which he has accepted. He or his legal heirs have now no claim over any part of the property bearing No.86/1, Gali No.1, East Moti Bagh, Sarai Rohilla, Delhi. Petitioner and respondent No.3 to 5 are present in Court and are identified by learned counsel for the petitioner and the Investigating Officer. They affirm the statement of respondent No.2.

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.334/2013 under Sections 467/120 B/468/34/471/420 IPC registered at PS Sarai Rohilla, Delhi and proceedings pursuant thereto are hereby quashed against all the accused. 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 20, 2018 'rk'

W.P.(CRL) 2801/2017