CRL.M.C./606/2017 of SANDHYA &ORS. Vs THE STATE (GNCT OF DELHI) & ORS.

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 606/2017

SANDHYA &ORS.

..... Petitioner

Represented by: Mr. V.S. Yadav, Adv.

versus

THE STATE (GNCT OF DELHI) & ORS.

..... Respondent

Represented by: Ms. Rajni Gupta, APP with SI Ashish PS EOW. Mr. Devki Nandan, Adv. for R-2 to 5.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R R% 14.02.2017

Crl.M.A. 2609/2017

Exemption allowed subject to just exceptions.

CRL.M.C. 606/2017

By the present petition the petitioners seek quashing of FIR No. 309/2010 under Sections 323/452/427/506/34 IPC registered at PS Nangloi, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.

Learned APP for the State on instructions from Investigating Officer submits that besides the four petitioners who were accused there are two other accused i.e. Nanak Chand and Inderjeet Singh Gahlot and in the FIR CRL.M.C. 606/2017 page 1 of 3

respondent No.2 is the complainant and respondents No.3 to 5 the other victims.

perusal of the paper-book reveals that Nanak Chand and Inderjeet Singh Gahlot have passed away on 8[th] April, 2014 and 26[th] September, 2016 respectively and the proceedings qua them abated as noted by the learned Trial Court in its order sheets dated 2[nd] December, 2014 and 21[st] November, 2016. Thus all the remaining accused and the victims are present in Court.

Respondents No. 2 to 5 i.e. Renu Goel, Pallavi Goel, Bhoop Singh and Paan Singh are present in Court and are identified by the learned counsel. They state that they have settled the matter with the petitioners before the Mediation Centre, Tis Hazari Courts on 19[th] December, 2016. In the consolidated settlement all the parties have agreed to withdraw their respective cases against each other. Thus, the respondents No.2 to 5 do not wish to pursue the above-noted FIR and the proceedings pursuant thereto. Respondents No.2 to 5 further state that they will abide by the terms of settlement arrived at between the parties on 19[th] December, 2016.

The petitioners Sandhya, Satish Yadav @ Guddu, Vijay Laxmi and Sheela are present in Court and are identified by the learned counsel. They affirm the statement of respondents No.2 to 5 and state that they will abide by the terms of settlement arrived at between the parties before the Mediation Centre, Tis Hazari Courts on 19[th] December, 2016.

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 CRL.M.C. 606/2017 page 2 of 3

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. 309/2010 under Sections 323/452/427/506/34 IPC registered at PS Nangloi, Delhi and proceedings pursuant thereto are hereby quashed.

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

The petition is disposed of. Order dasti.

FEBRUARY 14, 2017 ‘ga’

MUKTA GUPTA, J.

CRL.M.C. 606/2017