Ansarul Haque @ Ansarwal Haque & ORS v. The State & ANR

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2771/2019 ANSARUL HAQUE @ ANSARWAL HAQUE & ORS .....Petitioners Through:

Mr. Jagdeep Sharma and Mr. Amulaya Sharma, Advocates versus THE STATE & ANR .....Respondents Through:

Mr. M.P. Singh, Additional Public Prosecutor for respondent-State with ASI Subish Chand

CORAM:

HON'BLE MR. JUSTICE SUNIL GAUR

O R D E R

% 23.05.2019 Quashing of FIR No.427/2017, under Sections 323/341/506/34 of IPC, registered at police station Krishna Nagar, Shahdra Delhi is sought on the basis of Settlement of 12th April, 2019 (Annexure C). It is relevant to note that the Settlement (Annexure-C) is for the offence under Sections 323/341/506/34/308 of IPC, whereas the charge under Sections 307/34 of IPC has been framed against petitioners. Supreme Court in State of Madhya Pradesh vs. Kalyan Singh and Ors. 2019 (1) SCALE 165 has reiterated that criminal proceedings under Sections 307/34 of IPC ought not to be quashed on the ground of settlement.

Upon hearing, I find that it is not a fit case to quash the charge CRL.M.C. 2771/2019

under Sections 307/34 of IPC on the basis of Settlement (Annexure C). Accordingly, this petition is dismissed while refraining to comment upon merits of this case.

(SUNIL GAUR) JUDGE MAY 23, 2019 v CRL.M.C. 2771/2019