Nikita Garg & ANR. v. State & ANR.

32# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3627/2017 NIKITA GARG & ANR.

..... Petitioners Represented by:

Mr. Kumar Mukesh, Advocate with petitioners in person.

versus STATE & ANR.

..... Respondents Represented by:

Ms. Kamna Vohra, Additional Standing Counsel for State with SI Manjeet, PS Dwarka South.

Mr. Deepak Mehar Singh, Advocate for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 27.09.2018 By the present petition, petitioners seek quashing of FIR No. 532/2016 under Sections 323/341/506/34 IPC registered at PS Dwarka South, 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 seven petitioners impleaded by way of an amended memo of parties are the only accused and the respondent No. 2 the complainant/victim. Respondent No. 2 is present in Court and is identified by the learned counsel and the Investigating Officer. He states that he has settled the W.P.(CRL) 3627/2017

matter with the petitioners and in view of the holistic settlement between the parties in respect of all pending cases, he does not wish to pursue the abovenoted FIR and the proceedings pursuant thereto. Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and undertake not repeat any such incident in future. To show remorse petitioners undertake to deposit some costs 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, 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. 532/2016 under Sections 323/341/506/34 IPC registered at PS Dwarka South, Delhi and proceedings pursuant thereto are hereby quashed subject to each of the petitioner depositing a sum ₹5,000/- with the Chief Minister's Distress Relief Fund, Kerala within two weeks. Receipt thereof will be placed on record.

Parties have signed this order sheet in acknowledgment of their statements made before this Court.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

SEPTEMBER 27, 2018/'vn'

W.P.(CRL) 3627/2017