Mohd. Juned & ORS. v. State & ORS.

$~97 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 316/2020 MOHD. JUNED & ORS.

..... Petitioners Through:

Mr. V.K. Agarwal, Advocate with petitioners in person.

versus STATE & ORS.

..... Respondents Through:

Ms. Neelam Sharma, APP for the State with ASI Devender Kumar, PS Farsh Bazar.

R-2 and 3 in person.

CORAM:

HON'BLE MR. JUSTICE RAJNISH BHATNAGAR

O R D E R

% 03.02.2020 Crl. M.A.No. 2403/2020 (for exemption) Exemption allowed subject to just exceptions. The application stands disposed of.

W.P.(CRL) 316/2020 1.

Issue notice.

Learned APP for the State accepts notice.

Respondent Nos.2 and 3 are present in person and they accept notice. 2.

This is a petition filed under Section 482 Cr.P.C. for quashing of FIR No.424/2019, under Sections 323/308/509/34 IPC, registered at Police Station-Farsh Bazar, Shahdara, Delhi, and all proceedings emanating therefrom.

3.

On the complaint of respondent No. 2 above said FIR was registered against the petitioners on 28.10.2019. 4.

Counsel for the petitioners submits that during the pendency of

the trial, the parties have settled the matter amicably in terms of MOU dated 05.11.2019. Copy of the order is also placed on record. 5.

Respondent nos.2 and 3 are present in Court and are identified by the IO. The respondent Nos.2 and 3 submit that they have settled their disputes with the petitioners. They further submit that they have no objection if the FIR in question is quashed. 6.

Learned APP for the State submits that in view of the settlement between the parties, the State has no objection if the FIR in question be quashed.

7.

Keeping in view the above facts and circumstances, since the matter has been amicably settled between the parties, no useful purpose will be served by keeping the case pending. It will be nothing but abuse of the process of law.

Consequentially, this petition is allowed, subject to costs of ₹30,000/- to be deposited by the petitioners with Delhi State Legal Services Authority within two weeks from today. Upon placing on record the proof of deposit of costs within a week thereafter and handing over their copies to the Investigating Officer, FIR No.424/2019, under Sections 323/308/509/34 IPC, registered at Police Station-Farsh Bazar, Shahdara, Delhi, and the proceedings emanating therefrom shall stand quashed.

8.

The present petition stands disposed of accordingly. Dasti. RAJNISH BHATNAGAR, J FEBRUARY 03, 2020/AK