Gaurav Sharma v. State & ORS.

33# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + GAURAV SHARMA ..... Petitioner Represented by:

Mr. Deepak Mehar Singh, Advocate with petitioner in person.

versus STATE & ANR.

..... Respondents Represented by:

Ms. Richa Kapoor, Additional Standing Counsel for State with Ms. Amita Sachdeva, Advocate with ASI naresh Kumar, PS Dwarka South.

Mr. Kumar Mukesh, Advocate for respondent Nos.2 to 7 with respondent Nos.2 to 7 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 27.09.2018 By the present petition, petitioner seeks quashing of FIR No. 533/2016 under Sections 323/341/354/34 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 allegations were levelled against number of people besides the petitioner, however, none of them could be identified and thus the charge sheet is being

filed only against the petitioner herein. She further states that besides respondent No.2 the complainant/victim there are five other victims who have been impleaded as respondent Nos. 3 to 7 in the present petition and Section 354 IPC has been added in view of the statement of respondent No.7.

Respondent Nos. 2 to 7 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 petitioner and other FIRs in question also inter-se the parties have been settled and quashed. Thus they do not wish to pursue the above-noted FIR and the proceedings pursuant thereto. Petitioner who is present in Court and is identified by the learned counsel affirms the statement of respondent Nos.2 to 7 and 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. 533/2016 under Sections 323/341/354/34 IPC registered at PS Dwarka South, Delhi and proceedings pursuant thereto are hereby quashed subject to the petitioner depositing a cost of ₹10,000/- 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'