Pawan Kumar Sahani & ORS v. State & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 896/2017 PAWAN KUMAR SAHANI & ORS ..... Petitioners Through Ms. Jyoti Gupta, Advocate versus STATE & ORS ..... Respondents Through Ms. Meenakshi Chauhan, APP for State with IO SI Raj Kumar, PS Kapashera

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 04.09.2017 It is submitted that the petitioners and respondent nos. 2 & 3 were known to each other as they were working in the same market. A quarrel took place between them on some trivial issue which resulted in registration of FIR No.87/2014 under Sections 308/34 IPC on the complaint of respondent no.2. In the aforesaid incident, respondent no.3 sustained grievous injuries. It is further submitted that the petitioners and respondent nos. 2 & 3 have settled their disputes vide Memorandum of Understanding dated 1st September, 2016.

Respondent nos. 2 & 3 are present in the court and have been identified by the IO SI Raj Kumar, PS Kapashera. It is submitted by respondent nos. 2 & 3 that they have settled the matter with the petitioners out of their own free will and without any undue force, pressure or coercion. It is further submitted that they have received

the entire settled amount of `70,000/- from the petitioner and are not willing to pursue the aforementioned FIR and have no objection if the same is quashed.

Keeping in mind that petitioners and respondent nos.2 & 3 have already arrived at a settlement and respondent nos.2 & 3 are not willing to pursue the FIR any further, in the interest of justice, FIR No.87/2014 under Sections 308/34 IPC registered at police station Kapashera and the consequent proceedings emanating therefrom, are quashed.

Petition is disposed of in the above terms.

Miscellaneous application is disposed of as infructuous.

Dasti.

A.K. PATHAK, J SEPTEMBER 04, 2017 sm