← Library
High Court of DelhiCRL.M.C./1430/2018

Vikas @ Vicky & ANR v. The State & ANR

2018-03-20Hon'Ble Mr. Justice A.K. Pathak2 pages

$~44 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1430/2018 & Crl. M.A. no. 5202/2018 VIKAS @ VICKY & ANR.

..... Petitioners Through Mr. Raj Kumar, Mr. Vimal Kumar Singh and Mr. K.K. Saxena, Advs.

versus THE STATE & ANR.

..... Respondents Through Dr. M.P. Singh, APP with SI Ombir Singh, P.S. Welcome Respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 20.03.2018 It is submitted that petitioners and respondent no. 2 are neighbours. A quarrel took place between them on bursting of crackers during Diwali festival, wherein petitioners assaulted respondent no. 2, resulting injuries to him. One doctor has opined the injuries as 'simple'; whereas other doctor has opined the injuries as 'grievous'.

It is submitted that petitioners and respondent no. 2 have settled their disputes amicably, vide a Compromise Deed dated 6th March, 2018; therefore, FIR No. 464/2016 under Sections 308/34 IPC registered at police station Welcome and the consequent proceedings emanating therefrom may be quashed. Respondent no. 2 is

present in Court and has been identified by SI Ombir Singh of police station Welcome.

Respondent no. 2 admits having settled the matter with petitioners of his own free will, voluntarily and without any undue force, pressure or coercion, inasmuch as has received settled amount of `40,000/- as compensation towards medical expenses etc. Respondent no. 2 says that he has no objection in case FIR is quashed against the petitioners. Affidavit of respondent no. 2 is also on record, wherein he has stated that he has no objection in case FIR is quashed.

Keeping in view the settlement arrived at between the petitioners and respondent no. 2, in the interest of justice, FIR No. 464/2016 under Sections 308/34 IPC registered at police station Welcome 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.

MARCH 20, 2018 r.bararia