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High Court of DelhiW.P.(CRL)/1041/2017

Anshu Singh @ Hanshu Singh v. State Of NCT Of Delhi & ORS

2018-07-10Hon'Ble Ms. Justice Mukta Gupta3 pages

31# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + ANSHU SINGH @ HANSHU SINGH & ORS.

..... Petitioners Represented by:

Mr. K.K. Tyagi, Advocate with petitioner in person.

versus STATE OF NCT OF DELHI & ORS ..... Respondents Represented by:

Ms. Iti Pandey, Advocate for Ms.Nandita Rao, Additional Standing Counsel for State with SI Rahul Sagar, PS Seemapuri.

Respondent Nos.2 to 4 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 10.07.2018 By the present petition the petitioners seek quashing of FIR No. 23/2016 under Sections 308/34 IPC registered at PS Seemapuri, Delhi on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned proxy counsel for learned Additional Standing Counsel for the State on instructions from Investigating Officer submits that in the above-noted FIR the three petitioners are the only accused and the respondent No. 2 the complainant/victim and respondent Nos. 3 and 4 the other victims. She states that respondent Nos. 2 to 4 received simple injuries.

Respondent Nos. 2 to 4 are present in Court and are identified by the Investigating Officer. They state that they have settled the matter with the petitioners vide Compromise Deed dated 25th April, 2018, copy of which is annexed as Annexure-B to the amended petition. They further state that in terms of the settlement they do not wish to pursue the above-noted FIR and the proceedings pursuant thereto and will abide by the terms of settlement. Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent Nos.2 to 4 and undertake to abide by the terms of the settlement arrived at between the parties vide Compromise Deed dated 25th April, 2018 and have also apologised to the respondent Nos.2 to 4. Petitioners also assure that they will not indulge in any misbehaviour in future and to show remorse they undertake to deposit some costs also.

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, 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. 23/2016 under Sections 308/34 IPC registered at PS Seemapuri, Delhi and proceedings pursuant thereto are hereby quashed subject to the each petitioner depositing a cost of ₹5,000/- with the Juvenile Justice Fund maintained by the Registrar General of this Court within four weeks.

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

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

JULY 10, 2018 'vn'