Fahim Zareefy v. The State Govt Of NCT Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 455/2018 & Crl. M.A. no. 1735/2018 FAHIM ZAREEFY ..... Petitioner Through Mr. H.S. Dhillon, Adv.

versus THE STATE GOVT OF NCT OF DELHI & ANR ..... Respondents Through Ms. Manjeet Arya, APP with SI Amit Bhati, P.S.

Lajpat Nagar for respondent no. 1 Mr. S.P. Singh, Adv. with brother of respondent no. 2

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 30.01.2018 It is submitted that car of the petitioner hit the motorcycle of respondent no. 2, resulting in fracture in his leg. It is submitted that petitioner and respondent no. 2 have settled their disputes amicably. Petitioner has paid `3 lacs to the respondent no. 2, vide a demand draft, photocopy whereof has been placed on record as Annexure P-3. Respondent no. 2 Mahesh Kumar is being represented by his attorney/brother, namely, Shri Ganesh Kumar Yadav. Special Power of Attorney has been placed on record as Annexure P-2. Shri Ganesh Kumar Yadav submits that his brother

has settled the matter with the petitioner of his own free will and without any undue force, pressure or coercion. He further submits that demand draft has already been received and respondent no. 2 has no objection in case FIR is quashed against the petitioner. Affidavit of respondent no. 2 is also on record at pages 31 and 32.

Keeping in view the settlement arrived at between the petitioner and respondent no. 2 voluntarily and also the fact that petitioner has compensated the respondent no. 2 towards medical expenses etc., in the interest of justice, FIR No.29/2018 under Sections 279/337 IPC registered at Police Station Lajpat Nagar, which is at the investigation stage, is quashed. Petition is disposed of in the above terms. Miscellaneous application is disposed of as infructuous. Dasti.

A.K. PATHAK, J.

JANUARY 30, 2018 r.bararia