Sanjiv Kumar &ANR v. State & ANR

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + SANJIV KUMAR &ANR ..... Petitioner Represented by:

Mr. Sanjeet Singh, Adv.

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

Mr. Rajesh Mahajan, ASC with SI Vivek Singh PS Sangam Vihar.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 23.03.2018 Amended memo of parties has been filed. Though process fee was returned under objection, however respondent No.3 is present in Court besides respondent No.2.

By the present petition the petitioners seek quashing of FIR No. 530/2017 under Sections 323/354/354B/509/34 IPC registered at PS Sangam 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 Additional Standing Counsel for the State on instructions from Investigating Officer submits that in the above-noted FIR the two petitioners are the only accused and respondent No.2 the complainant/ victim and respondent No.3 the other victim.

Respondent No. 2 and 3 are present in Court and are identified by the Investigating Officer. They state that they have settled the matter with the petitioners; petitioner No.1 being the real elder brother of respondent No.3 and petitioner No.2 the brother-in-law of petitioner No.1, vide settlement dated 23rd October, 2017 copy whereof is annexed as Annexure B to the present petition. They state that disputes and differences between the families have been reconciled with the intervention of elders and they do 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 3.

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, rather the same would create further acrimony between them, 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.

530/2017 under Sections 323/354/354B/509/34 IPC registered at PS Sangam 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.

MARCH 23, 2018 'ga'