Mohd Khurram v. State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 720/2017 MOHD KHURRAM ..... Petitioner Through:

Mohammad Faraz, Adv.

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

Ms. Manjeet Arya, APP for State with SI Seeta Ram, P.S. Sarita Vihar.

Ms. K. Gayatri, Proxy Counsel for Mr. Suresh Sharma, Adv. for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 09.08.2017 It is submitted that petitioner and respondent no.2 have settled their disputes, therefore, FIR No. 490/2016 under Sections 448/380/506/34 IPC registered at police station Sarita Vihar on the complaint of respondent no.2 may be quashed.

Respondent no.2 is present in Court with his counsel and has been identified by SI Sita Ram of police station Sarita Vihar. He submits that settlement has been arrived at between him and petitioner vide Memorandum of Understanding dated 26th December, 2016 of his own free will and without any undue force, pressure or coercion. Respondent no.2 has also filed counter affidavit; wherein, in para 3 he has stated that he has

settled all the disputes with the applicant (petitioner) and has also executed a Memorandum of Understanding incorporating the terms and conditions of the settlement. In para 6 of the counter affidavit, respondent no.2 has stated that no disputes, whatsoever, remain between him and the petitioner and that he has no objection in case the FIR is quashed. Today, in Court also, respondent no. 2 has reiterated the same.

Keeping in mind that a settlement has been arrived at between the petitioner and respondent no.2 and that respondent no.2 has no objection in case the FIR is quashed, in the interest of justice, FIR No. 490/2016 under Sections 448/380/506/34 IPC registered at police station Sarita Vihar and the consequent proceedings emanating therefrom are quashed. Petition is disposed of in the above terms.

Dasti.

A.K. PATHAK, J.

AUGUST 09, 2017 ga