Mohd. Ali & ORS. v. State & ANR.

$~47.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + MOHD. ALI & ORS.

..... Petitioners Through: Mr. A.D. Malik, Advocate versus STATE & ANR.

..... Respondents Through: Mr. Mukesh Kumar, APP for State with SI Suresh Bhatia Mr. Rajendra Prasad, Advocate for respondent No.2

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 27.01.2020 CRL.M.A. 1696/2020 (exemption) 1.

Allowed, subject to all just exceptions.

2.

The application is disposed of.

1.

The present proceedings are instituted seeking quashing of FIR No.92/2013 under Sections 323/452/506/509/34 IPC registered at P.S. Bara Hindu Rao on the ground that parties have settled their disputes. 2.

The present FIR was registered by respondent No.2 pursuant to a feud that ensued between the petitioners and respondent No.2, who are known to each other and reside in the same building.

3.

Mr. Mukesh Kumar, learned APP for the State, submits that the charge sheet in the present case has been filed under the aforesaid sections against the petitioners and respondents No.2 is the only complainant/victim. 4.

Learned counsels for the parties submit that the parties have settled their disputes vide settlement agreement dated 17.10.2019. In terms of the said settlement, respondent No.2, is now, left with no claim whatsoever against the petitioners.

5.

The petitioners and respondent No.2, who are present in person, are identified by their respective counsels and the Investigating Officer. The petitioners have shown remorse for their conduct and have undertaken not to repeat the same in future.

6.

Respondent No.2 states that she has entered into the settlement with her own free will, volition and without any coercion. She further states that the petitioners have not repeated the same incident and that she has no objection if the present FIR and consequent proceedings are quashed. 7.

Learned counsel for the petitioner submits that no other proceedings are pending between the parties.

8.

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

9.

In view of the settlement arrived at between the parties voluntarily, in my view, no useful purpose will be served in continuance of the present criminal proceedings. Accordingly, in the interest of justice, aforesaid FIR and the consequent proceedings emanating therefrom are quashed, subject to payment of costs of Rs.5,000/- each by the petitioners with the Delhi High Court Legal Services Committee within one week from today. Receipt,

evidencing deposit of costs, be filed in the Registry as well as handed over to the Investigating Officer.

10.

With the above directions, the petition is disposed of. 11.

Order dasti to the counsels for the parties.

MANOJ KUMAR OHRI, J JANUARY 27, 2020 na