Satish v. State NCT Delhi And ANR.

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6216/2024 SATISH .....Petitioner Through:

Mr. Daleep Kumar, Adv. (VC).

Petitioner in person.

versus STATE NCT DELHI AND ANR.

.....Respondents Through:

Mr. Mukesh Kumar, APP for State and SI Rahul Malik, PS Maurya Enclave.

Ms.

Kusum, Adv.

(VC) for Respondent No.2.

Respondent No. 2 in person.

CORAM:

HON'BLE MR. JUSTICE DINESH KUMAR SHARMA % 26.09.2024

O R D E R

CRL.M.A. 23759/2024 1.

Exemption allowed, subject to all just exceptions. 2.

Application stands disposed of.

CRL.M.C. 6216/2024 3.

The present petition has been filed under Section 482 Cr.P.C. seeking quashing of case FIR No. 285/2022 dated 05.03.2022 under Section 308 IPC registered at PS Maurya Enclave and all other proceedings emanating therefrom.

4.

Ld Counsel for the Petitioner submits that there was some misunderstanding between Petitioner and Respondent No.2 which lead The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

to an physical altercation between the two due to which the mobile phone of Respondent No2 got broken.

5.

The Petitioner has tendered unconditional apologies to Respondent No. 2 and his family for any of his acts or omissions which were unintentional and inadvertent in nature and the Respondent No. 2 has agreed to forgive the Petitioner on his own free will without any threat, fear, force, or coercion and has condoned all his acts and omissions and as such Respondent No. 2 does not want to continue any further litigation and is willing to lead his normal peaceful life. 6.

It is submitted that Respondent No. 2 now has no grievance of any kind against the Petitioner. The parties have resolved their disputes amicably and a settlement has been effected between the Petitioner and the Complainant/Respondent No. 2 herein on the following terms and conditions:

"1. That the matter has been settled between the parties amicably.

2. That the first party do not want to persue the above said case.

3. That I have no objection if the FIR NO.:285/2022 U/S: 308 IPC P.S.: MAURYA ENCALVE, DELHI is quashed by the Hon'ble High Court of Delhi against the accused.

4. That the parties to the Compromise/settlement deed shall not file any complaint against each other, shall not file any claim, petition, review, revision or complaint against each other in any court/police authorities in future and this Compromise /settlement deed will be treated as full and final settlement to the parties of this Compromise /settlement deed.

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5. That the first and second parties have settled all disputes and differences once for all and now nothing is due between the parties to the Compromise/settlement deed.

6. That both parties have signed this Compromise /settlement deed with their free consent, choice and without any pressure, coercion, or under influence."

7.

Both parties are present in court and have duly been identified by the IO. Respondent No. 2 submits that he has entered the settlement voluntarily without any fear, force, or coercion. he has no objection if FIR No. 285/2022 dated 05.03.2022 under Section 308 IPC registered at PS Maurya Enclave is quashed.

8.

Taking into account the totality of facts and circumstances of the case and doing complete justice to the future of Respondent No. 2, this court considers that the parties have entered into an amicable settlement out of their own free will, without any fear, force, or coercion and they should be given an opportunity to lead their lives peacefully. No purpose will be served in continuing with the trial. 9.

In view of the above, FIR No. 285/2022 dated 05.03.2022 under Section 308 IPC registered at PS Maurya Enclave and all the other proceedings emanating therefrom are quashed.

10. The present petition along with all the pending applications stand disposed of.

DINESH KUMAR SHARMA, J SEPTEMBER 26, 2024/AR/DG..

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.