Shehzad v. The State Govt Of NCT Of Delhi & ANR

38# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 110/2018 SHEHZAD ..... Petitioner Represented by:

Mr. Sunil Tiwari, Advocate with petitioner in person.

versus THE STATE GOVT OF NCT OF DELHI & ANR ..... Respondents Represented by:

Mr. Avi Singh, Additional Standing Counsel for State with ASI Sita Ram, PS New Usmanpur.

Respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 30.08.2018 By the present petition the petitioner seeks quashing of FIR No. 1115/2017 under Sections 279/337 IPC registered at PS New Usmanpur, Delhi on the complaint of respondent No.2 wherein Section 338 IPC was added later on in view of the grievous injury to the 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 complainant/victim. Respondent No. 2 is present in Court and is identified by the Investigating Officer. He states that he has settled the matter with the W.P.(CRL) 110/2018

petitioner vide Settlement Deed dated 11th December, 2017, copy of which is annexed as Annexure-B to the present petition, pursuant whereto he has to received a medical compensation of ₹40,000/- out of which he has received a sum of ₹30,000/- and the balance amount of ₹10,000/- has been received today. He states that in terms of the settlement he does not wish to pursue the above-noted FIR and the proceedings pursuant thereto. The petitioner who is present in Court and is identified by the learned counsel affirms the statement of respondent No.2 and undertakes to abide by the terms of the settlement arrived at between the parties. 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, 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. 1115/2017 under Sections 279/337/338 IPC registered at PS New Usmanpur, 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.

AUGUST 30, 2018/'vn'

W.P.(CRL) 110/2018