Quashed

Bhup Singh Yadav & Ors. v. the State Govt of NCT of Delhi & Ors.

Delhi HC16 May 2018W.P.(CRL)/144/2018

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What is this about?

This order quashes the FIR No. 335/2016 and related proceedings under Sections 323/341/506/34 IPC. The High Court held that since the parties voluntarily settled the matter via MOU and mediation, it is in the interest of justice to quash the proceedings.

What did the court decide?

FIR No. 335/2016 and proceedings pursuant thereto under Sections 323/341/506/34 IPC are quashed.

Bhup Singh Yadav & Ors. Vs the State Govt of NCT of Delhi… — Quashing and FIR | Delhi HC (2018)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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+ W.P.(CRL) 144/2018
BHUP SINGH YADAV & ORS Represented by: versus	..... Petitioners Ms.Suchi Sharma, Advocate with petitioners in person.
THE STATE GOVT OF NCT OF D Represented by:	ELHI & ANR..... Respondents Mr. Rajesh Mahajan, Additional Standing Counsel for State, Ms. Jyoti Babbar, Advocate with SI Prempal and SI Bhagat Singh, PS Ashok Vihar. Mr. Manmohan Goel, Advocate for respondent No. 2 with respondent No.2 in person.

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CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA

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O R D E R % 16.05.2018

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By the present petition the petitioners seek quashing of FIR No.335/2016 under Sections 323/341/506/34 IPC registered at PS Ashok Vihar, Delhi on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.

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

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Respondent No. 2 is present in Court and is identified by the learned W.P.(CRL) 144/2018 Page 1 of 2

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counsel and the Investigating Officer. He states that he has settled the matter with the petitioners vide Memorandum of Understanding dated 5^th December, 2016. Further the parties have also settled the matter before the Delhi Mediation Centre, Rohini Courts on 6^th December, 2016, copies whereof are annexed as Annexure-C and Annexure–D to the present petition. In terms of the settlement he does not wish to pursue the abovenoted FIR and the proceedings pursuant thereto and will abide by the terms of settlement.

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The petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and undertake to abide by the terms of the settlement arrived at between the parties and assure that no inconvenience will be caused to the residents of the area.

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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.

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Consequently, FIR No.335/2016 under Sections 323/341/506/34 IPC registered at PS Ashok Vihar, Delhi and proceedings pursuant thereto are hereby quashed.

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

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Petition is disposed of. Order dasti.

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MUKTA GUPTA, J.

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MAY 16, 2018/‘vn’

Bhup Singh Yadav & Ors. v. the State Govt of NCT of Delhi & Ors.

Case brief

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Bhup Singh Yadav & Ors. v. the State Govt of NCT of Delhi & Ors.

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