Abhishek @ Monti & ANR. v. State & ANR.

$~43 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 882/2020 ABHISHEK @ MONTI & ANR.

..... Petitioners Through:

Mohd. Javed and Mr. Rizwan Ahmad, Advs.

Petitioners in person.

versus STATE & ANR.

..... Respondents Through:

Mr. M.S. Oberoi, APP for the State SI Surender Kumar, P.S.Vivek Vihar.

Respondent no.2 in person.

CORAM:

HON'BLE MR. JUSTICE RAJNISH BHATNAGAR

O R D E R

% 17.02.2020 Crl. M.A.No. 3598/2020 (for exemption) Exemption allowed subject to just exceptions. The application stands disposed of.

CRL.M.C. 882/2020 1.

Issue notice.

Learned APP for the State accepts notice.

Counsel for respondent No.2 appears and accepts notice. 2.

This is a petition filed under Section 482 Cr.P.C. for quashing of FIR No.586/2017, under Section 308/34 IPC, registered at Police Station-Vivek Vihar, Delhi, and all proceedings emanating therefrom. 3.

The brief facts of the case are that on 29.11.2017 a quarrel took place between the petitioners and respondent no.2 and on the complaint of respondent No. 2 above said FIR was registered against the petitioners.

4.

Counsel for the petitioners submits that during the pendency of

the trial, the parties have settled the matter amicably in terms of compromise deed dated 27.1.2020. Copy of the same is also placed on record.

5.

Respondent no.2 is present in Court and identified by the IO. The respondent No.2 submits that she has settled her disputes with the petitioner. She further submits that she has 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 ₹10,000/- to be deposited by the petitioners with Delhi High Court Legal Services Committee 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.586/2017, under Section 308/34 IPC, registered at Police Station-Vivek Vihar, Delhi, and the proceedings emanating therefrom shall stand quashed. 8.

The present petition stands disposed of accordingly. Dasti. RAJNISH BHATNAGAR, J FEBRUARY 17, 2020/ib