Sh. Vinay Ram Pal & ANR. v. State & ANR.
$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3838/2018 SH. VINAY RAM PAL & ANR.
..... Petitioner Represented by:
Mr. Tajinder Singh, Advocate.
versus STATE & ANR.
..... Respondent Represented by:
Mr. Jamal Akhtar, Advocate for Mr.
Rahul Mehra, Standing Counsel for the State with SI Badli Ram, PS Janakpuri.
Mr. M.S. Yadav, Advocate for R-2.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
O R D E R
% 10.01.2019 By the present petition the petitioners seek quashing of FIR No. 407/2015 under Sections 354/354B/354D/509/323 IPC registered at PS Janakpuri, Delhi on the complaint of Respondent No. 2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned proxy counsel for learned Standing Counsel for the State on instructions submits that in the above noted FIR the petitioners are the only accused and the respondent No. 2 is the only complainant/ victim. Respondent No. 2 who is present in Court and is identified by the learned counsel and Investigating Officer states that she has settled the matter with the petitioners who are there neighbours and does not wish to pursue the abovementioned FIR and the proceedings pursuant thereto. She W.P.(CRL) 3838/2018
further undertakes that she will make all endeavours to live peacefully, harmoniously and cordially in the neighbourhood. Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No. 2 and also undertake to ensure that they live peacefully, harmoniously and cordially in the neighbourhood. To show remorse petitioners undertake to deposit some cost also.
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.
407/2015 under Sections 354/354B/354D/509/323 IPC registered at PS Janakpuri, Delhi and proceedings pursuant thereto are hereby quashed subject to the petitioners depositing a consolidated cost of ₹5000/- with the Juvenile Justice Fund maintained by the Registrar General of this Court within four weeks.
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 10, 2019 'yo'
W.P.(CRL) 3838/2018