The Delhi High Court quashed FIR No. 484/2017 and subsequent proceedings under Sections 323, 308, and 34 IPC, as the complainant and victims settled the matter with the petitioners, resolving differences voluntarily without coercion.
Quashing of FIR No. 484/2017 and all proceedings pursuant thereto.
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ASHWIN ALIAS KAKEY & ANR. ..... Petitioner Represented by: Mr. Amit Saini, Adv.
versus
THE STATE GOVT OF NCT OF DELHI & ANR.
..... Respondent Represented by: Mr. R.S. Kundu, ASC with Mr. Premsagar Pal, Mr. Bhagat Singh, Advs. with SI Manish Rana PS Timarpur. R-2 to 7 in person.
CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA
O R D E R % 12.01.2018 Crl.M.A. 610/2018
Exemption allowed subject to just exceptions. W.P.(CRL) 102/2018
By the present petition the petitioners seek quashing of FIR No. 484/2017 under Sections 323/308/34 IPC registered at PS Timarpur, 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 petitioners are the only accused, respondent No.2 the complainant and respondent Nos. 3 to 7 the victims.
W.P.(CRL) 102/2018 page 1 of 2
Respondent Nos. 2 to 7 are present in Court and are identified by the Investigating Officer. They state that they have settled the matter with the Petitioners vide memorandum of settlement dated 12th December, 2017 and they do not wish to pursue the abovementioned 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 assure that no such misbehaviour will take place in future.
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. 484/2017 under Sections 323/308/34 IPC registered at PS Timarpur, 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.
JANUARY 12, 2018 ‘ga’ W.P.(CRL) 102/2018
page 2 of 2
2 issues framed by the court
Whether the FIR and proceedings should be quashed on the ground that the parties have settled the matter amicably.
Whether any useful purpose would be served by continuing the criminal proceedings after the settlement.
Ashwin alias Kakey & Anr.
The State, Govt of NCT of Delhi & Anr.
Mukta Gupta
As recorded by the court registry
A constitutional writ petition in a criminal context, most commonly habeas corpus or a challenge to an FIR or detention order.
Judgements on the same questions, provisions and authorities, from every court
