S. Fateh Singh & ORS. v. State & ANR.

$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI + S. FATEH SINGH & ORS.

..... Petitioner Represented by:

Mr. C.S. Mann, Mr. N.S. Ghuman, Advs.

versus STATE & ANR.

..... Respondent Represented by:

Mr. Rajesh Mahajan, ASC with SI Hem Ram PS Nihal VIhar.

Mr. Puneet Verma, Adv. for R-2 with R-2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 17.12.2018 Crl.M.A. 49868/2018 Exemption allowed subject to just exceptions. By the present petition the petitioners seek quashing of FIR No. 627/2018 under Sections 420/468/471/120B IPC registered at PS Nihal 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 three petitioners are the accused and respondent No.2 the only complainant/ victim.

Respondent No. 2 is present in Court and is identified by the learned counsel and the Investigating Officer. She states that she has settled the matter with the petitioners in the Delhi Mediation Centre, Tis Hazari Courts on 9th August, 2018 copy whereof is annexed as Annexure P-2 to the petition. In terms of the settlement she has received the possession of the property which is upper ground floor of the property A-111, Khasra No. 27/15 admeasuring 100 sq. yds. at Uday Vihar, Nilothi Extension, New Delhi 110041. She states that she has now no claim whatsoever against the petitioners and does not wish to pursue the abovementioned FIR and the proceedings pursuant thereto. She undertakes to abide by the terms of settlement arrived at between the parties.

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 terms of settlement arrived at between the parties. 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. 627/2018 under Sections 420/468/471/120B IPC registered at PS Nihal 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.

DECEMBER 17, 2018 'ga'