Mohd. Ismaieel @ Mohd. Ismail & ORS. v. State & ORS.
$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MOHD. ISMAIEEL @ MOHD. ISMAIL & ORS. ...Petitioners Represented by:
Mr.Shoeb Shakeel with Mr.A.A.Ansari, Advocates versus STATE & ORS.
.. Respondents Represented by:
Mr.Jamal Akhtar, proxy counsel for Mr.Rahul Mehra, Standing Counsel for the State with ASI Naresh, PS Jafrabad Ms.Malka Asad with Ms.Eram Khan, counsel for the complainant
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
O R D E R
% 05.02.2019 By the present petition the petitioners seek quashing of FIR No.648/2018 under Sections 308/323/341/34 IPC registered at PS Jafrabad, New Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned proxy counsel for the learned Additional Standing Counsel for the State on instructions from Investigating Officer submits that in the above-noted FIR the three petitioners are the only accused and respondent No.2 the complainant/ victim and respondent No.3 the other victim.
Respondents No.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 petitioners vide Settlement Deed dated 22nd January, 2019 copy whereof is annexed at pages 35 to 39 of the paper book. For the simple injuries caused to respondents No.2 and 3, the petitioners were to pay a total compensation of ₹1 lakh out of which a sum of ₹25,000/- has already been paid and the balance sum of ₹75,000/- has been paid today in cash. Respondents No.2 and 3 state that since they are living in the same building and the petitioners have ensured that no such misbehaviour will take place in future, they have no objection if the above noted FIR and the proceedings pursuant thereto are quashed. They further undertake to abide by the terms of settlement arrived at between the parties. Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondents No.2 and 3 and undertake to abide by the terms of settlement.
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.648/2018 under Sections 308/323/341/34 IPC registered at PS Jafrabad, New 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.
FEBRUARY 05, 2019 'rk'