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31#&4#$~ HIGH COURT OF DELHI
CRL.M.C.3877/2016
MURALI KRISHNA PARNA Represented by;
Petitioner Mr.Mohit Mathur,Sr.
Advocate with Mr.Vijay Nair, Mr.Rahul Malhotra and Mr. Tanuj Arora,Advocates with petitioner in person.
CRL.M.C.3877/2016
MURALI KRISHNA PARNA Represented by;
Petitioner Mr.Mohit Mathur,Sr.
Advocate with Mr.Vijay Nair, Mr.Rahul Malhotra and Mr. Tanuj Arora,Advocates with petitioner in person.
VERSUS
THE STATE(GOVT.,OF NCT OF DELHI)&ANR Respondents
Represented by: Mr.Ravi Nayak,APP for the State with SI Deepak Kumar, PS Malviya Nagar.
Mr.Rajesh Kumar,Advocate for respondent No.2 with respondentNo.2in person.
Represented by: Mr.Ravi Nayak,APP for the State with SI Deepak Kumar, PS Malviya Nagar.
Mr.Rajesh Kumar,Advocate for respondent No.2 with respondentNo.2in person.
CRL.M.C.3550/2016
SACHIN JOHN
Represented by:
Petitioner Mr.Mohit Mathur,Sr. .
Advocate with Mr.Vijay Nair, Mr.Rahul Malhotra and Mr. Tanuj Arora,Advocates with petitioner in person.
SACHIN JOHN
Represented by:
Petitioner Mr.Mohit Mathur,Sr. .
Advocate with Mr.Vijay Nair, Mr.Rahul Malhotra and Mr. Tanuj Arora,Advocates with petitioner in person.
VERSUS
STATE(GOVT OF NCT OF DELHI)& ANR ..... Respondents
Represented by: Ms.Meenakshi Chauhan,APP for the State with SI Deepak
Kumar,PS Malviya Nagar.
Mr.Rajesh Kumar,Advocate for respondentNo.2 with respondentNo.21n person.
Represented by: Ms.Meenakshi Chauhan,APP for the State with SI Deepak
Kumar,PS Malviya Nagar.
Mr.Rajesh Kumar,Advocate for respondentNo.2 with respondentNo.21n person.
CRL.M.C.3877/2016 CRL.M.C.3550/2016 Page1 of2
2016:DHC:9067
2016:DHC:9067
CORAM:
HON'BLE MS.JUSTICE MUKTA GUPTA
20.10.2016 CrI.M.A.No.16295/2016(Exemption)in CRL.M.C.3877/2016
Allowed,subjectto alljust exceptions.
20.10.2016 CrI.M.A.No.16295/2016(Exemption)in CRL.M.C.3877/2016
Allowed,subjectto alljust exceptions.
CRL.M.C.3877/2016 and Crl.M.A.No.16294/2016(Stay)
CRL.M.C.3550/2016 and CrI.M.A.No.15016/2016(stay)
By the two petitions the petitioners Murali Krishna Pama and Sachin
John seek quashing of FIR No. 1326/2014 under Sections 354/509 IPG registered atPS Malviya Nagar,New Delhi on the complaint ofRespondent
No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.
Learned APP for the State on instructions points outthat in the above noted FIR and the statement under Section 164 Cr.P.C. Sachin John,Murali
KrishnaPama and Rajeev Singh were named however,the charge sheet was filed keeping Sachin John in Column No.11 and Murali Krishna Pama and
Rajeev Singh in Column No.12. The leamed Trial Court while taking cognizance summoned Murali Krishna Pama besides Sachin John. Thus
Sachin John and Murali KrishnaPama are the two accused facing trial in the above noted FIR and respondentNo.2is the only complainant/victim.
The RespondentNo.2who is presentin Courtand is identified by the leamed counsel and the Investigating Officer states that she has settled the matter with the Petitioners who have apologised to her and she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto.
By the two petitions the petitioners Murali Krishna Pama and Sachin
John seek quashing of FIR No. 1326/2014 under Sections 354/509 IPG registered atPS Malviya Nagar,New Delhi on the complaint ofRespondent
No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.
Learned APP for the State on instructions points outthat in the above noted FIR and the statement under Section 164 Cr.P.C. Sachin John,Murali
KrishnaPama and Rajeev Singh were named however,the charge sheet was filed keeping Sachin John in Column No.11 and Murali Krishna Pama and
Rajeev Singh in Column No.12. The leamed Trial Court while taking cognizance summoned Murali Krishna Pama besides Sachin John. Thus
Sachin John and Murali KrishnaPama are the two accused facing trial in the above noted FIR and respondentNo.2is the only complainant/victim.
The RespondentNo.2who is presentin Courtand is identified by the leamed counsel and the Investigating Officer states that she has settled the matter with the Petitioners who have apologised to her and she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto.
CRL.M.C.3877/2016& CRL.M.C.3550/2016 Page2of3
Petitioners who are present in Court and are identified by the learned counsels affirm the statement of respondent No.2 and tender their unqualified apology besides assuring that no such misbehaviour will take place with either the complainant or with anyone else and as a token of apology undertake to pay a cost of ?25,000/- each to the Juvenile Justice
Fund.
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 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. 1326/2014 under Sections 354/509 IPC registered at PS Malviya Nagar, New Delhi and proceedings pursuant thereto are hereby quashed subject to the petitioners depositing a sum of
?25,000/- each with Juvenile Justice Fund maintained by the Registrar
General ofthis Court within three week.
Parties have signed this order sheet in acknowledgment of their statements made before this Court.
The petition and the application are disposed of. Order dasti.
MUKTA GUPTA,J.
OCTOBER 20,2016/'vn'
Petitioners who are present in Court and are identified by the learned counsels affirm the statement of respondent No.2 and tender their unqualified apology besides assuring that no such misbehaviour will take place with either the complainant or with anyone else and as a token of apology undertake to pay a cost of ?25,000/- each to the Juvenile Justice
Fund.
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 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. 1326/2014 under Sections 354/509 IPC registered at PS Malviya Nagar, New Delhi and proceedings pursuant thereto are hereby quashed subject to the petitioners depositing a sum of
?25,000/- each with Juvenile Justice Fund maintained by the Registrar
General ofthis Court within three week.
Parties have signed this order sheet in acknowledgment of their statements made before this Court.
The petition and the application are disposed of. Order dasti.
MUKTA GUPTA,J.
OCTOBER 20,2016/'vn'
CRLM.C.3877/2016 CRL.M.C.3550/2016 Page3of3
V f- X X\ i I;
V f- X X\ i I;
JUDGMENT