Mohd Ashraf & ORS v. State(Govt Of NCT Delhi)

$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MOHD ASHRAF & ORS ..... Petitioners Represented by:

Mr.Khalil A.Ansari and Mr.Mohammad Akhtar, Advocates with Petitioners in person versus STATE (GOVT OF NCT DELHI) ..... Respondent Represented by:

Ms.Kamna Vohra, ASC for the State Mr.S.N.Khan, Advocate for R-2 to R5 with R-2 to R-5 in person

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 22.01.2019 1.

By this petition the petitioners seek quashing of FIR No.696/2018 under Sections 323/308/34 IPC registered at PS Jafrabad on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.

2.

Learned Additional Standing Counsel for the State on instructions submits that in the above noted FIR the four petitioners are the accused and the respondent No.2 the complainant/victim and respondent Nos.3 to 5 the other victims.

3.

Respondent Nos.2 to 5 who are present in Court and are identified by the learned counsel state that they have settled the matter with the petitioners vide memorandum of understanding dated 12th December, 2018 copy whereof is annexed Annexure B to the present petition. In terms of the settlement since the petitioners have apologized for their conduct and parties are living in the neighbourhood, they do not wish to pursue the abovementioned FIR and the proceedings pursuant thereto and undertake to abide by the terms of settlement arrived at between the parties. 4.

Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent Nos.2 to 5 and undertake to abide by the terms of settlement arrived at between the parties. They also assure that no such misbehaviour will take place in future and to show remorse undertake to deposit cost.

5.

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.

6.

Consequently, FIR No.696/2018 under Sections 323/308/34 IPC registered at PS Jafrabad and proceedings pursuant thereto are hereby quashed subject to petitioners depositing a consolidated sum of ₹10,000with the Delhi High Court Staff Welfare Fund within four weeks. 7.

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

8.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

JANUARY 22, 2019 mamta