Anshul Sharma v. State (NCT of Delhi) & Anr.

Delhi High Court · 01 Dec 2016 · 2016:DHC:9020
Mukta Gupta
CRL.M.C.3578/2016
2016:DHC:9020
criminal petition_allowed

AI Summary

The Delhi High Court quashed FIRs under various IPC sections following an amicable settlement between the parties, exercising its inherent power in the interest of justice.

Full Text
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$-10& 29 HIGH COURT OF DELHI
CRL.M.C.3578/2016
ANSHUL SHARMA
Represented by;
VERSUS
STATE(NOT OF DELHI)& ANR.
Represented by:
CRL.M.C.3577/2016
ANSHUL SHARMA
VERSUS
STATE(NCT OF DELHI)& ANR.
Petitioner Mr.Amit Sharma with Mr. Vinay Pandey,Advs.with petitioner.
Respondent Ms.Meenakshi Chauhan,APP with SI Neeraj,PS HauzKhas.
Mr.Karan Nagpal,Adv.for R- 2to 6 with R-2to 6.
Petitioner Mr.Amit Sharma with Mr. Vinay Pandey,Advs.with petitioner.
Respondent Ms.Meenakshi Chauhan,APP with SI Neeraj,PS HauzKhas.
Mr.Karan Nagpal,Adv.for R- 2to 5 with R-2 to 5.
CORAM:
HON'BLE MS.JUSTICE MUKTA GUPTA
01.12.2016 By these two petitions, the petitioner seeks quashing of FIR Nos.
108/2015 under Sections 354D,356,506,509,323 IPC and 446/2015 under
Sections 354D,506,509 IPC both registered at PS Hauz Khas on the
2016:DHC:9020 complaint of respondent No.2 and proceedings pursuant thereto as the parties have settled the matter.
Learned APP for the State on instructions submits that in both the
FIRs, the petitioner is the only accused, respondent No.2 the complainant/victim and respondent Nos.3 to 5 the other victims in Crl.M.C.
3577/2016 and respondent Nos. 3 to 6 the other victims in Crl.M.C.
3578/2016.
Private respondent No.2 and her family members i.e. respondent Nos.
3 to 5 who are common in both the petitions and one Sachin Dhiman who is also a victim in Crl.M.C. 3578/2016 are present in Court and identified by learned counsel and the investigating officer. They state that they have settled the matter with the petitioner and do not wish to pursue the above noted FIRs and proceedings pursuant thereto. The petitioner who is present in Court and identified by learned counsel affirms the statement ofaforesaid private respondents.
In view of the fact that the parties have amicably resolved their differences oftheir own free will, volition and without any coercion and no useful purpose will be served in continuance ofthe proceedings, rather the same would create further acrimony between them, it would be in the interest ofjustice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.
Consequently, FIR Nos. 108/2015 under Sections
354D,356,506,509,323 IPC and 446/2015 under Sections 354D,506,509IPC both registered atPS HauzKhas,Delhi and proceedings pursuant thereto are hereby quashed.
Parties have signed this order sheet in acknowledgment of their statements made before this Court.
The petitions are disposed of. Order dasti.
DECEMBER 01,2016 'v mittaP A 2^ MUKTA GUPTA,J. p.-2
ORDER

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JUDGMENT