Shakeel & ORS. v. State & ANR.

$~6 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 6644/2019 SHAKEEL & ORS.

..... Petitioners Through:

Mr. Narender Kumar, Advocate with petitioners in person.

versus STATE & ANR.

..... Respondents Through:

Mr. M.S. Oberoi, APP for the State with SI Rahul Kumar, PS Laxmi Nagar.

Complainant in person.

CORAM:

HON'BLE MR. JUSTICE RAJNISH BHATNAGAR

O R D E R

% 24.01.2020 Crl. M.A.No. 43300/2019 (for exemption) Exemption allowed subject to just exceptions. The application stands disposed of.

CRL.M.C. 6644/2019 1.

Issue notice.

Learned APP 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.2795/2015, under Sections 308/323/341/506/34 IPC, registered at Police Station-Shakarpur, East Delhi, and all proceedings emanating therefrom.

3.

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

4.

Counsel for the petitioner submits that during the pendency of

the trial, the parties have settled the matter amicably in terms of MOU/Settlement Deed dated 07.12.2019.

Copy of the MOU/settlement deed is also placed on record. 5.

Respondent no.2 is present in Court and is 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 payment of costs of ₹10,000/- to be deposited by the petitioners and ₹10,000/- to be deposited by respondent no. 2 with the Delhi State Legal Services Authority within one week 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.2795/2015, under Sections 308/323/341/506/34 IPC, registered at Police Station-Shakarpur, East Delhi, and the proceedings emanating therefrom shall stand quashed. 8.

The present petition stands disposed of accordingly. Dasti. RAJNISH BHATNAGAR, J JANUARY 24, 2020/AK