Zadar Khan & ANR v. State & ANR

23# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 424/2016 ZADAR KHAN & ANR ..... Petitioners Represented by:

Mr.Dalip Kumar Santoshi, Advocate with petitioner No.1 in person.

versus STATE & ANR ..... Respondents Represented by:

Ms. Rajni Gupta, APP for the State with SI Vikram Singh, PS Punjabi Bagh.

Mr. P.P. Singh, Advocate for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 15.09.2016 By the present petition the petitioners seek quashing of FIR No. 454/2014 under Sections 341/354/406/420/34 IPC registered at PS Punjabi Bagh, Delhi on the complaint of Respondent No.2 on the ground that the parties have settled the matter.

Learned APP for the State on instructions submits that in the above noted FIR the two petitioners are the only accused and the respondent No.2 is the complainant/victim.

The Respondent No. 2 Ms. Anjana Devi, who is present in Court and is identified by the learned counsel and the Investigating Officer, states that she has settled the matter with the petitioners and in terms of the settlement CRL.M.C. 424/2016

between the parties she has received a sum of `1.80 lakhs and she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto.

Petitioner No.1 who is present in Court and is identified by the learned counsel affirms the statement made by the respondent No.2 and state that he would abide by the terms of the settlement. Petitioner No.2 who is aged around 73 years is stated to be unwell and hence he is exempted from personally appearing before this Court.

In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, rather the same would create further acrimony between them, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.

Consequently, FIR No. 454/2014 under Sections 341/354/406/420/34 IPC registered at PS Punjabi Bagh, Delhi and proceedings pursuant thereto are hereby quashed.

Parties have signed this order sheet in acknowledgment of their statements made before this Court.

The petition is disposed of. Order dasti.

MUKTA GUPTA, J.

SEPTEMBER 15, 2016 'vn'

CRL.M.C. 424/2016