Afzal Khan @ Guddu & ANR. v. State & ANR.

$~50 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1082/2020 AFZAL KHAN @ GUDDU & ANR.

..... Petitioners Through:

Ms. Akanksha and Mr. Sultan Ahmed Khan, Adv.

Petitioners in person.

versus STATE & ANR.

..... Respondents Through:

Mr. Amit Ahlawat, APP for the State with SI Shailendra Kr.

Singh, P.S.Jamia Nagar.

Mr. Nitish Kumar, Adv. for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE RAJNISH BHATNAGAR

O R D E R

% 26.02.2020 1.

This is a petition filed under Section 482 Cr.P.C. for quashing of FIR No.517/2016, under Sections 308/506/34 IPC, registered at Police Station-Jamia Nagar, New Delhi, and all proceedings emanating therefrom.

2.

Issue notice.

Learned APP for the State accepts notice.

Counsel for respondent No.2 appears and accepts notice. 3.

The brief facts of the case are that 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 Settlement dated 17.2.2020. Copy of the settlement is also placed on record.

5.

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.

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. It is further submitted by the learned APP for the State that there is one more accused namely Jamjam Abbas who has been declared a PO. It is submitted that since the parties have settled the matter, the FIR be quashed qua the petitioners only. 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 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.517/2016, under Section 308/506/34 IPC, registered at Police Station-Jamia Nagar, New Delhi, and the

proceedings emanating therefrom shall stand quashed. 8.

The present petition stands disposed of accordingly. Dasti. RAJNISH BHATNAGAR, J FEBRUARY 26, 2020 ib