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High Court of DelhiW.P.(CRL)/193/2018

Hawa Singh v. State (NCT Of Delhi) & ORS

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

61# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + HAWA SINGH ..... Petitioner Represented by:

Mr. Sanjeev Rawat, Advocate with petitioner in person.

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

Mr. Rajesh Mahajan, Additional Standing Counsel for State with ASI Dharambir, PS Uttam Nagar.

Mr. S.K. Chauhan, Advocate with respondent Nos. 2 and 3 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 19.01.2018 Crl. M.A. No. 1118/2018 (Exemption) Allowed, subject to all just exceptions.

By the present petition the petitioner seeks quashing of FIR No. 670/2017 under Sections 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 petitioner is the only accused and the respondent No.2 the only complainant/victim

and respondent No.3 the other victim.

Respondent Nos. 2 and 3 are present in Court and are identified by the learned counsel and the Investigating Officer. They state that they have settled the matter with the petitioner vide Compromise Deed dated 21st December, 2017, copy whereof is annexed as Annexure-B to the present petition. As the parties are neighbours they do not wish to pursue the abovenoted FIR and the proceedings pursuant thereto and they will abide by the terms of the settlement.

The petitioner who is present in Court and is identified by the learned counsel affirm the statement of respondent Nos.2 and 3 and undertake that he 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. 670/2017 under Sections 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'