Vivek Katiyar & ANR. v. Govt Of NCT Of Delhi & ORS.

50# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + VIVEK KATIYAR & ANR.

..... Petitioners Represented by:

Mr. Vikas Nagwan, Advocate with petitioners in person.

versus GOVT OF NCT OF DELHI & ORS.

..... Respondents Represented by:

Mr. Sanjay Lao, Additional Standing Counsel for State with Inspector Gulshan Nagpal, PS Inder Puri.

Mr. Kamal Jindal, Advocate for respondent Nos. 2 and 3 with respondent Nos. 2 and 3 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 20.12.2017 By the present petition the petitioners seek quashing of FIR No. 200/2017 under Sections 420/468/471 IPC registered at PS Inder Puri, 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 the respondent No.2 the complainant/victim and respondent No.3 the other victim.

Respondent Nos. 2 and 3 are present in Court and are identified by the learned counsel and the Investigating Officer. They state that they have settled the matter with the petitioners in terms of the settlement agreement dated 30th October, 2017, copy whereof is annexed at Pages 38 to 41 of the paper book. They state that they have received a sum of ₹6 laksh in lieu of their claims against the petitioners and in terms of the settlement they do not wish to pursue the above-noted FIR and the proceedings pursuant thereto. The petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent Nos.2 and 3 and state that they will abide by the terms of the Settlement. Petitioners also state that to show remorse they are willing to deposit some cost.

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. 200/2017 under Sections 420/468/471 IPC registered at PS Inder Puri, Delhi and proceedings pursuant thereto are hereby quashed subject to the each petitioner depositing a sum of ₹10,000/- 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.

DECEMBER 20, 2017 'vn'