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High Court of DelhiW.P.(CRL)/195/2018

Subhash Chand & ANR v. State (NCT Of Delhi) & ANR

2018-01-19Hon'Ble Ms. Justice Mukta Gupta3 pages

62# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + SUBHASH CHAND & ANR ..... Petitioners Represented by:

Mr. S.K.Chauhan, Advocate with petitioners in person.

versus STATE (NCT OF DELHI) & ANR ..... Respondents Represented by:

Mr. Sanjay Lao, Additional Standing Counsel for State with ASI Dharambeer, PS Uttam Nagar.

Mr. Sanjeev Rawat, Advocate for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 19.01.2018 Crl. M.A. No. 1120/2018 (Exemption) Allowed, subject to all just exceptions.

By the present petition the petitioners seek quashing of FIR No. 669/2017 under Sections 451/323/341 IPC registered at PS Uttam Nagar, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned Additional Standing Counsel for the State on instructions from Investigating Officer submits that in the above-noted FIR the

petitioners are the only accused and the respondent No.2 the only complainant/victim.

Respondent No. 2 is present in Court and is identified by the learned counsel and the Investigating Officer. He states that he has settled the matter with the petitioners vide Compromise Deed dated 21st December, 2017, copy whereof is at pages 38-42 of the present petition. As the parties are neighbours he does not wish to pursue the above-noted FIR and the proceedings pursuant thereto and they will abide by the terms of the settlement.

The petitioners who is present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and undertake that they will abide by the terms of settlement arrived at between the parties vide Compromise Deed dated 21st December, 2017.

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, 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. 669/2017 under Sections 451/323/341 IPC registered at PS Uttam Nagar, Delhi and proceedings pursuant thereto are hereby quashed.

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

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

JANUARY 19, 2018/'vn'