Satyam Gupta & ORS v. The State & ANR

$~38 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 969/2020 SATYAM GUPTA & ORS ..... Petitioners Through:

Mr. Kushal Sharma, proxy counsel.

Petitioners no.1 and 2 in person Father of petitioner no.3.

versus THE STATE & ANR ..... Respondents Through:

Mr. Mayank Sharma, proxy counsel for R-1 with ASI Ram Naresh and SI Rupesh Raj, Advs.

Mr. Mayank Sharma, Adv. for R-2.

R-2 in person.

CORAM:

HON'BLE MR. JUSTICE RAJNISH BHATNAGAR

O R D E R

% 20.02.2020 Crl. M.A. No. 3918/2020 (for exemption) Exemption allowed subject to just exceptions. The application stands disposed of.

CRL.M.C. 969/2020 1.

Lawyers are abstaining from work.

2.

This is a petition filed under Section 482 Cr.P.C. for quashing of FIR No.203/2019, under Section 308/34 IPC, registered at Police Station-Mukherjee Nagar, Delhi, and all proceedings emanating therefrom.

3.

Issue notice. Proxy counsel for the State appears and accepts notice.

Proxy counsel for respondent No.2 appears and accepts notice. Father of petitioner no.3 (Minor) is present. 4.

The brief facts of the case are that on 28.4.2019 at about 6.30 am respondent no.2 and his friends were playing with petitioners and a quarrel took place between them whereby respondent no.2 received injuries and on the complaint of respondent No. 2 above said FIR was registered against the petitioners.

5.

Counsel for the petitioners submits that during the pendency of the trial, the parties have settled the matter amicably in terms of the settlement dated 4.2.2020. Copy of the settlement is also placed on record.

6.

Respondent no.2 is present in Court and identified by the IO. The respondent No.2 submits that he has settled his disputes with the petitioners. He further submits that he has no objection if the FIR in question is quashed.

7.

Proxy counsel 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.

8.

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 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.203/2019, under Section 308/34 IPC, registered at Police Station-Mukherjee Nagar, Delhi, and the proceedings emanating therefrom shall stand quashed. 9.

The present petition stands disposed of accordingly. Dasti. RAJNISH BHATNAGAR, J FEBRUARY 20, 2020/ib