Jaspal Singh @ Kala v. The State & ORS.

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1067/2017 JASPAL SINGH @ KALA ..... Petitioner Represented by:

Mr. Neeraj Malik, Adv. with petitioner.

versus THE STATE & ORS.

..... Respondent Represented by:

Mr. Amit Ahlawat, APP with SI Shri Gopal, PS Shakarpur.

R-2 and 3 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 21.04.2017 Amended memo of parties has filed.

By the present petition, the petitioner seeks quashing of FIR No.598/2004 under Sections 327/452/34 IPC registered PS Shakarpur, Delhi on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that parties, who are real brothers have settled the matter.

Learned APP for the State on instructions submits that though charge sheet has been filed under Sections 327/452/34 IPC, in view of the allegations of snatching of mobile phone, charge for offence punishable under Section 394 IPC was also framed. He further states that another accused Sarabjit Singh @ Goldy has been declared a proclaimed offender. He further states that respondent No.2 is the complainant/victim and respondent No.3 is other victim involved in the FIR. Respondent Nos. 2 and 3 are present in Court and identified by the

investigating officer. Respondent No.2 states that petitioner is his real brother and respondent No.3 states that the petitioner is his cousin brother. Since the parties are related to each other, respondent Nos. 2 and 3 do not wish to pursue the above noted FIR against the petitioner as well as Sarabjit Singh @ Goldy. Petitioner who is present in Court and identified by learned counsel affirm the statement of respondents No.2 and 3 and assures that every effort will be made to maintain cordial relations between the family. 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.598/2004 under Sections 327/452/34 IPC registered PS Shakarpur, Delhi and proceedings pursuant thereto are hereby quashed.

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

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

APRIL 21, 2017 'v mittal'