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High Court of DelhiW.P.(CRL)/476/2017

Vishal & ORS v. State & ORS

2017-03-10Hon'Ble Mr. Justice A.K. Pathak2 pages

$~53 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 476/2017 VISHAL & ORS ..... Petitioners Through:

Mr. B.C. Pant and Mr. Pawan Kumar, Advs.

versus STATE & ORS ..... Respondents Through:

Mr. Rahul Mehra, Standing Counsel with Mr. Jamal Akhtar, Adv. along with SI Prem Raj, P.S. Vijay Vihar, Rohini.

Mr. Yogesh Ramola, Adv. for R-2 & R-3.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 10.03.2017 Petitioner no.1 is brother-in-law of respondent no.2; whereas petitioner no.2 is father-in-law of the respondent no.2 and petitioner nos. 3 and 4 are friends of petitioner no.1. Respondent no. 3 is brother of respondent no.2. It is submitted that a quarrel took place between the petitioners and respondent nos. 2 and 3 on some trivial matter which led to registration of FIR No. 480/2016 under Sections 323/308/341/354B/34 IPC against the petitioners at police station Vijay Vihar, on the complaint of respondent no.2. Respondent nos. 2 and 3 had sustained injuries in the said quarrel.

Learned Standing Counsel submits that respondent no. 2 had

sustained simple injuries; whereas respondent no. 3 sustained grievous injuries, therefore, Section 308 IPC has been added in the FIR. It is submitted that petitioners and respondent nos. 2 and 3 have settled the matter amicably with the intervention of their family members and friends, therefore, present FIR may be quashed. Respondent nos. 2 and 3 are present in Court along with their counsel and have been identified by SI Prem Raj of police station Vijay Vihar. Respondent nos. 2 and 3 submit that they have settled the matter with the petitioners of their own free will and without any undue force, pressure or coercion. They further submit that they are not willing to pursue the FIR any further in view of the settlement and the same may be quashed.

Keeping in mind that a settlement has been arrived at between the parties, in the interest of justice, FIR No. 480/2016 under Sections 323/308/341/354B/34 IPC registered at police station Vijay Vihar and the consequent proceedings emanating therefrom are quashed. Writ petition is disposed of. Miscellaneous application is disposed of as infructuous.

Dasti.

A.K. PATHAK, J.

MARCH 10, 2017/ga