Manish Chadha & ANR v. Teh State (NCT Of Delhi)& ANR

66# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + MANISH CHADHA & ANR ..... Petitioners Represented by:

Mr.Mukesh Kalia, Mr. Naveen Kaushik, Mr. Haanumant Sakhuja and Mr. Abhinav Katyal, Advocates with petitioners in person.

versus THE STATE (NCT OF DELHI)& ANR ..... Respondents Represented by:

Ms. Iti Pandey, Advocate for Ms. Nandita Rao, Additional Standing Counsel for State with ASI Subhash, PS Kirti Nagar.

Respondent Nos. 2 and 3 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 19.04.2018 Crl. M.A. No. 7144/2018 (exemption) Allowed, subject to all just exceptions.

By the present petition the petitioners seek quashing of FIR No. 422/2017 under Sections 287/337 IPC registered at PS Kirti Nagar, 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 two petitioners are the only accused and the respondent No. 2 the complainant and respondent No. 3 the legal heir of the deceased Jaspreet. She further states that the above noted FIR was registered on the complaint of respondent No. 2, father of Jaspreet who stated that they had gone to a function at Plazzo Banquet at Kirti Nagar, New Delhi when a speaker fell on the head of his son resulting in his death while he was under treatment.

Respondent Nos. 2 and 3, parents of the Jaspreet are present in Court and are identified by the Investigating Officer. They state that they have settled the matter with the petitioners and in terms of the settlement received a sum of Rs.1 lakhs and the balance amount of Rs. 10 lakhs as compensation has been received by them today in Court vide Demand Draft Nos. 473227, 026483 and 026484 dated 13th April, 2018 and 13th April, 2018 drawn on Axis Bank Ltd., Rohini, Delhi. 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 the settlement.

Petitioner who are present in Court and are identified by the learned counsel affirm the statement of respondent Nos.2 and 3 and undertake to abide by the terms of the settlement arrived at between the parties. 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. 422/2017 under Sections 287/337 IPC registered at PS Kirti Nagar, 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 19, 2018 'vn'