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High Court of DelhiW.P.(CRL)/3581/2017

Sangeeta Sahdev & ORS v. State & ANR

2018-04-09Hon'Ble Ms. Justice Mukta Gupta3 pages

45# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + SANGEETA SAHDEV & ORS ..... Petitioners Represented by:

Ms. Chandrani Prasad, Mr.

Virender Tarun and Ms.

Shikha, Advocates with petitioner Nos. 1, 3 and 4 in person.

versus STATE & ANR ..... Respondents Represented by:

Ms. Srilina Roy, Advocate for Ms. Nandita Rao, Additional Standing Counsel for State with SI Jaivir Singh, PS Kotla Mubarakpur.

Mr. Ankush Narang and Ms.

Shivani Kant, Advocates for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 09.04.2018 By the present petition the petitioners seek quashing of FIR No. 184/2016 under Sections 354/506/34 IPC registered at PS Kotla Mubarak Pur, 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 Additional Standing Counsel for the State on instructions from Investigating Officer submits that in the above-noted FIR petitioner Nos. 1, 3 and 4 are the accused, petitioner No. 2

was a juvenile at the time of alleged incident and is now a major. She further states that since the petitioner No. 2 was a juvenile no charge sheet has been filed against her nor has any inquiry report submitted before the Juvenile Justice Board. Thus there is no proceeding pending against the petitioner No. 2.

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 before the Delhi High Court Mediation and Conciliation Centre, copy of the settlement agreement dated 17th October, 2017 has been placed on record as Annexure-B to the present petition. In terms of the settlement she does not wish to pursue the above-noted FIR and the proceedings pursuant thereto.

Petitioner Nos. 1, 3 and 4 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 the 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, 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. 184/2016 under Sections 354/506/34 IPC registered at PS Kotla Mubarak Pur, 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.

APRIL 09, 2018 'vn'