Deepak Gupta & ANR. v. The State (NCT Of Delhi )

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 249/2020 & CRL.M.As. 1097/2020, 2775/2020 DEEPAK GUPTA & ANR.

..... Petitioners Through:

Mr. Vishal Chhabra, Advocate along with petitioners in person.

Versus

THE STATE (NCT OF DELHI) ..... Respondent Through:

Dr. M.P. Singh, APP for State with ASI Ashok Kumar, P.S. Prem Nagar Mr. Rajan Malhotra, Advocate along with respondents in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 06.02.2020 1.

The present proceedings are instituted seeking quashing of FIR No. 614/2019, registered under Sections 323/324/34 IPC at Police Station Prem Nagar, Delhi on the ground of settlement having been arrived at between the petitioners and respondent No. 2.

2.

As per the prosecution case, an altercation took place between the complainant and petitioner no.2 due to which petitioner no.1 hit respondent no.3 using a blade.

3.

Learned APP for State, on instructions submits that the charge-sheet has been filed against the present petitioners and respondent Nos.2 to 4 are the complainants/victims in this case.

4.

Learned counsel for the petitioner submits that the parties have entered into a settlement vide compromise deed on 20.01.2020. A copy of the same is annexed with the petition. In terms of the settlement, respondent Nos. 2 to 4 are now left with no claim whatsoever against the petitioners. CRL.M.C.249/2020

5.

The petitioners and respondent Nos. 2 to 4 who are present in person, are identified by their respective Counsels and the Investigating Officer. 6.

Respondent Nos. 2 to 4, who are present in Court, state that they have entered into the settlement with the petitioners out of their own free will, volition and without any undue force, pressure or coercion and that they have no objection if the present FIR and the consequent proceedings are quashed.

7.

The parties shall remain bound by their statements made in Court today.

8.

In view of the settlement arrived at between the parties, in my view, no useful purpose will be served in continuance of the present criminal proceedings. Accordingly, in the interest of justice, the aforesaid FIR and the consequent proceedings emanating therefrom are hereby quashed, subject to payment of costs of Rs.5,000/- to be deposited by the petitioners with Delhi High Court Legal Services Committee within one week. Proof of deposit be filed in Court as well as with the IO. 9.

With the above directions, the petition is disposed of alongwith pending applications.

10.

Order dasti to the counsels for the parties.

MANOJ KUMAR OHRI, J FEBRUARY 06, 2020/p'ma CRL.M.C.249/2020