Mohd. Faizan & ANR. v. State & ANR.

$~22 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 21/2020 MOHD. FAIZAN & ANR.

..... Petitioners Through:

Mr. M.S. Sharma, Advocate with petitioners in person.

versus STATE & ANR.

..... Respondents Through:

Mr.

Sanjay Lao, ASC and Mr.Jaranjeet Sharma, Advocate with SI Vineet PS Dayal Pur.

Mr. Salim Malik, Advocate for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE RAJNISH BHATNAGAR

O R D E R

% 07.01.2020 Crl. M.A.No. 86/2020 (for exemption) Exemption allowed subject to just exceptions. The application stands disposed of.

W.P.(CRL) 21/2020 1.

Issue notice.

Learned ASC for the State accepts notice.

Counsel for respondent No.2 appears and accepts notice. 2.

This is a petition filed under Section 482 Cr.P.C. for quashing of FIR No.452/2019, under Section 308/34 IPC, registered at Police Station- Dayalpur, North East, Delhi, and all proceedings emanating therefrom.

3.

The brief facts of the case are that on the complaint of respondent No. 2 aforesaid cross FIR was registered against the petitioners.

4.

Counsel for the petitioners submits that during the pendency of

the trial, the parties have settled the matter amicably with the intervention of family members and relatives of both the parties in terms of compromise deed dated 7.12.2019. Copy of the compromise deed is also placed on record.

5.

Respondent no.2 is present in Court and identified by the IO. The respondent No.2 submits that he has settled his disputes with the petitioners. He further submits that he has no objection if the FIR in question is quashed.

6.

Learned APP for the State submits that in view of the settlement between the parties, the State has no objection if the FIR in question be quashed.

7.

Keeping in view the above facts and circumstances, since the matter has been amicably settled between the parties, no useful purpose will be served by keeping the case pending. It will be nothing but abuse of the process of law.

Consequentially, this petition is allowed, subject to costs of ₹10,000/- to be deposited by the petitioners with Delhi State Legal Services Authority within two weeks from today. Upon placing on record the proof of deposit of costs within a week thereafter and handing over their copies to the Investigating Officer, FIR No.452/2019, under Section 308/34 IPC, registered at Police Station- Dayalpur, North East, Delhi, and the proceedings emanating therefrom shall stand quashed. 8.

The present petition stands disposed of accordingly. Dasti. JANUARY 07, 2020/ AK RAJNISH BHATNAGAR, J