M/S Delhi Tents & Decorators v. The State Of Delhi & ORS

$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3723/2018 M/S DELHI TENTS & DECORATORS ..... Petitioner Represented by:

Mr. A.S. Juneja, Mr. S.S. Gulati, Advs.

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

Ms. Nandita Rao, ASC with ASI Pradeep, HC Anil, PS Fatehpur Beri.

R-2 to 4 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 07.12.2018 Crl.M.A. 49106/2018 Exemption allowed subject to just exceptions. W.P.(CRL) 3723/2018 By the present petition the petitioner seeks quashing of FIR No. 83/2016 under Sections 288/337 IPC registered at PS Fatehpur Beri, 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 besides the petitioner Mata Prasad Singh one more accused namely Tapas Haldar is also involved and the respondents No. 2 to 4 are the only victims/complainant. Faced with this situation learned counsel for the petitioner has handed-over a memo of parties impleading Tapas Haldar as petitioner No.2 along with his affidavit.

W.P.(CRL) 3723/2018

Respondent No. 2, 3 & 4 are present in Court and state that they have settled the matter with the petitioners and do not wish to pursue the abovenoted FIR and the proceedings pursuant thereto. As a matter of compensation each one of them has received a sum of ₹25,000/-. Mata Prasad Singh, authorized representative of the petitioner No.1 and petitioner No.2 who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 to 4. 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. 83/2016 under Sections 288/337 IPC registered at PS Fatehpur Beri, 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 07, 2018 'ga'

W.P.(CRL) 3723/2018