Omveer Sharma & ANR v. The State Govt Of NCT Of Delhi & ORS

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + OMVEER SHARMA & ANR ..... Petitioner Represented by:

Mr. Amit Kumar and Mr.

Hemant Mudgil, Advocates with petitioners in person.

versus THE STATE GOVT OF NCT OF DELHI & ORS ..... Respondent Represented by:

Ms. Richa Kapoor, ASC for the State with ASI Ashok Rastogi, PS Timarpur with Mr. Ashish Negi, Advocate.

Respondents No. 2 to 8 are in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 02.01.2018 By the present petition the petitioners seek quashing of FIR No. 318/2017 under Sections 323/341/506/34 IPC registered at PS Timarpur, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto, qua them and respondents No. 5 to 8 who are the other accused in the FIR 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 petitioners and respondents No. 5 to 8 are the only accused and the

respondent No. 2 to the complainant/victim and respondent Nos. 3 and 4 the other two victims.

Respondent Nos. 2, 3 and 4 are present in Court and are identified by the Investigating Officer. They state that they have settled the matter with the petitioners vide settlement agreement dated 6th November, 2017 copy where has been annexed as annexure P-2 to the present petition. They further state in terms of the settlement they do not wish to pursue the abovenoted FIR and the proceedings pursuant thereto and under take to abide by the terms of the settlement.

The petitioners and respondent Nos. 5 to 8 who are present in Court and are identified by the learned counsel affirm the statement of respondent Nos. 2, 3 and 4 and undertake to abide by the terms of settlement arrived at on 6th November, 2017.

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. 318/2017 under Sections 323/341/506/34 IPC registered at PS Timarpur, 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.

JANUARY 02, 2018 'yo'