High Court of DelhiCRL.M.C./307/2017

Hardayal Singh v. State Of Delhi & ANR

2017-07-06Hon'Ble Mr. Justice A.K. Pathak2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 307/2017 HARDAYAL SINGH ..... Petitioner Through:

Mr. Pankaj Kumar and Ms. Saroj, Advs.

versus STATE OF DELHI & ANR ..... Respondents Through:

Mr. G.M. Farooqui, APP for State with SI Umesh Yadav, P.S. Tilak Nagar.

Mohd. Suhail, Adv. for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 06.07.2017 It is submitted that petitioner is nephew of respondent no.2. A verbal quarrel took place between the petitioner and respondent no.2 which led to scuffle and in a fit of rage, petitioner stabbed respondent no.2. Petitioner and respondent no.2 are more or less of same age. It is further submitted that petitioner and respondent no.2 have settled the matter with the intervention of their family members. Settlement Deed dated 13th August, 2015, Ex. P-4 has also been executed between the parties. Though, it is not mentioned in the settlement deed but the fact is that petitioner has reimbursed medical expenses and paid `1 lac towards mental pain and trauma to the respondent no.2. Petitioner and respondent no.2 want to

maintain harmonious relations with each other in future being close relatives. In the above facts, it is prayed that FIR No. 255/15 under Sections 307/34 IPC registered at police station Tilak Nagar may be quashed. Respondent no.2 is present in Court and has been identified by SI Umesh Yadav, P.S. Tilak Nagar. Respondent no.2 admits receipt of payments as aforesaid. He submits that he has condoned the act of petitioner and is not willing to pursue the FIR any further and the same may be quashed.

Learned APP submits that petitioner has no past criminal record. Keeping in mind that petitioner and respondent no.2 belong to the same family and are closely related, inasmuch as, want to maintain harmonious relations in future, in the interest of justice, FIR No. 255/15 under Sections 307/34 IPC registered at police station Tilak Nagar and the consequent proceedings emanating therefrom are quashed. Petition is disposed of in the above terms.

Dasti.

A.K. PATHAK, J.

JULY 06, 2017 ga