CRL.M.C./2153/2016 of MANU THOMAS & ORS Vs THE STATE (NCT) OF DELHI & ANR

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2153/2016

MANU THOMAS & ORS

..... Petitioner

Represented by: Mr. Jose Abraham, Mr. B. Mathews, Advs.

versus

THE STATE (NCT) OF DELHI & ANR

..... Respondent

Represented by: Mr. Amit Ahlawat, APP with SI Anjani Kumar Singh PS

Vasant Vihar.

Mr. George Vazhasery, Adv. for R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

20.10.2016

By the present petition the petitioners namely Mr. Manu Thomas, Mr. Binu Jacob, Mr. Suby T. Varghese, Mr. Midhun George, Mr. Jinish Jose Mathew and Mr. Shobin George seek quashing of FIR No. 497/2016 under Sections 308/451/149/34 IPC registered at PS Vasant Vihar, Delhi on the complaint of Respondent No.2 on the ground that the parties have settled the matter.

Learned APP for the State on instructions from Investigating Officer submits that in the above-noted FIR the six petitioners are the only accused and respondent No.2 the only complainant/victim.

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page 1 of 3

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 matter with the petitioners who have tendered their apology and does not wish to pursue the abovementioned 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 No.2 and tender their unqualified apology besides assuring that they will not indulge in any such activity in future and to show remorse undertake to pay sum of `5,000/- each as fine with the Delhi High Court Staff Welfare Fund.

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. 497/2016 under Sections 308/451/149/34 IPC registered at PS Vasant Vihar, Delhi and proceedings pursuant thereto are hereby quashed subject to the petitioners depositing sum of `5,000/- each with the Delhi High Court Staff Welfare Fund within period of four weeks.

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

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The petition is disposed of. Order dasti.

OCTOBER 20, 2016 ‘ga’

CRL.M.C. 2153/2016

MUKTA GUPTA, J.