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High Court of DelhiW.P.(CRL)/176/2017

Shiv Shankar Sharma & ORS. v. State (NCT Of Delhi) & ANR.

2017-01-20Hon'Ble Mr. Justice A.K. Pathak2 pages

$~32 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 176/2017 SHIV SHANKAR SHARMA & ORS.

..... Petitioners Through :

Mr. T. C. Tyagi, Adv.

versus STATE (NCT OF DELHI) & ANR.

..... Respondents Through :

Ms. Kamna Vohra, ASC for R-1 with ASI Rajesh Kumar PS Hauz Khas.

Respondent nos.2 & 3 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 20.01.2017 Crl. M.A.1078/2017 (Exemption) Allowed, subject to all just exceptions.

Application is disposed of.

W.P.(CRL) 176/2017 On the oral prayer made by the learned counsel for the petitioners, Mr. Puran Chand Bhagat (injured) is impleaded as respondent no.3. Amended memo of parties be filed during the course of the day. Issue show cause notice to the respondents.

Learned Additional Standing Counsel accepts notice for respondent no.1. Respondent nos.2 & 3 are also present in Court and accept notice. They have been identified by ASI Rajesh Kumar PS Hauz Khas.

It is submitted that petitioners and

respondent nos.2 & 3 have settled their disputes vide Memorandum of Understanding dated 20th August, 2016 (Annexure P1). Respondent nos.2 & 3 submit that they have compromised the matter with the petitioners of their own free will and without any undue force, pressure and coercion. It is submitted that they are not willing to pursue the FIR any further in view of the compromise.

Petitioners and respondent nos.2 & 3 are stated to be known to each other.

Keeping in mind the settlement arrived at between the parties, I am of the view that no fruitful purpose would be served to keep the criminal proceedings pending. Accordingly, FIR No.167/2016 under Sections 308/323/34 IPC registered at police station Hauz Qazi is quashed. Petition is disposed of in the above terms.

A.K. PATHAK, J.

JANUARY 20, 2017/dk