Pradeep Singh & ANR v. State ( Govt Of NCT ) & ORS

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + PRADEEP SINGH & ANR ..... Petitioner Represented by:

Mr. Sandeep Kumar, Adv.

versus STATE ( GOVT OF NCT ) & ORS ..... Respondent Represented by:

Ms. Meenakshi Chauhan, APP with ASI Bulander PS Jaitpur.

Mr. Anil Kumar Sharma, Adv.

for R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 28.03.2017 Crl.M.A. 5255/2017 For the reasons stated in the application 12 days delay in refiling is condoned.

Application is disposed of.

By the present petition the petitioners seek quashing of FIR No. 792/2014 under Sections 308/34 IPC registered at PS Jaitpur, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.

Learned APP for the State on instructions from Investigating Officer submits that in the above-noted FIR the two petitioners are the only accused and respondent No.2 the only complainant/ victim. It is submitted that during the quarrel both parties received injuries and cross-case being FIR No.759/2014 under Section 307/34 IPC was registered on the complaint of the petitioners.

Respondent No. 2 is present in Court and is identified by the learned counsel and the Investigating Officer. He states that he has settled the matter with the petitioners vide memorandum of understanding dated 2nd February, 2017 as the parties were known to each other for past several years and with the intervention of the common friends and relatives. He states that he does not wish to pursue the above-noted FIR and the proceedings pursuant thereto against the petitioners. Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and state that they will abide by the terms of settlement arrived at between the parties on 2nd February, 2017. To show remorse the petitioners are willing to deposit the cost.

In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, rather the same would create further acrimony between them, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.

Consequently, FIR No. 792/2014 under Sections 308/34 IPC registered at PS Jaitpur, Delhi and proceedings pursuant thereto are hereby quashed subject to the petitioners depositing a sum of ₹10,000/- each with the Bar Council of Delhi Advocate's Welfare Fund within four weeks. The receipt thereof will be placed on record.

Parties have signed this order sheet in acknowledgment of their statements made before this Court.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

MARCH 28, 2017 'ga'