Pankaj Singh & ORS v. The State & ANR

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4285/2017 PANKAJ SINGH & ORS ..... Petitioners Through:

Mr. Kamal Choudhary, Advocate with three petitioners in person.

versus THE STATE & ANR ..... Respondents Through:

Mr. Ashok Kr. Garg, APP for State with ASI Tulli Ram, PS Badarpur.

Mr. S. Kumar, Advocate with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 16.11.2017 The instant petition has been filed by the petitioners seeking quashing of FIR No.332/2013, under Section 323/341/506/354/34 IPC registered at Police Station-Badarpur, New Delhi on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have amicably settled their disputes as per the terms and conditions recorded on 22.08.2016 before Mediation Centre, Saket Court, New Delhi. Learned counsel for the petitioners submits that as petitioner No.1 is deaf and dumb, he is submitting a written note which is annexed as Annexure-A stating therein that on 26.09.2013 a quarrel took place between him and his family on one side and his neighbours Dinesh Sharma and Guddi Sharma on the other and on which FIR No.332/2013 was registered on his behalf. However, as the matter has been settled between both the parties without any coercion, he does not wish to proceed the case further against the respondent No.2.

CRL.M.C. 4285/2017

Respondent No.2 is present in Court today and is identified by the learned counsel. She states that she has settled the matter with the petitioners with her own free will and choice without any threat, pressure and coercion as per the terms and conditions recorded on 22.08.2016 before Mediation Centre, Saket Court, New Delhi and she does not wish to pursue the abovementioned FIR and the proceedings pursuant thereto. Statements of the parties have been recorded separately. In view of the fact that the parties have amicably resolved their differences voluntarily out of their own free will and without any coercion, pressure, 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.332/2013, under Section 323/341/506/354/34 IPC registered at Police Station-Badarpur, New Delhi and all the proceedings pursuant thereto are hereby quashed.

The petition is disposed of.

SANGITA DHINGRA SEHGAL, J NOVEMBER 16, 2017 afa CRL.M.C. 4285/2017