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High Court of DelhiW.P.(CRL)/1343/2018

Taleem @ Abu Talib v. The State (G.N.C.T Of Delhi) & ORS

2018-05-02Hon'Ble Ms. Justice Mukta Gupta3 pages

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MOHD. TALEEM @ ABU TALIB ..... Petitioner Represented by:

Mr. Akhlak Ali, Advocate with petitioner in person.

versus THE STATE (G.N.C.T OF DELHI) & ANR ..... Respondents Represented by:

Mr. Sanjay Lao, ASC with Insp. Suresh Chand, ASI Manbir Singh, PS Gokul Puri.

Ms. Meghna Sharma, Advocate for complainant.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 02.05.2018 By this petition, the petitioner seeks quashing of FIR No. 584/2017 under Sections 324/341/34 IPC registered at PS Gokul Puri, Delhi on the complaint of Respondent No. 2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned Additional Standing Counsel for the State on instructions submits that in the above noted FIR the petitioner is the only accused and the respondent No.2 is the only complainant/ victim. He further states that at the time of lodging of the FIR and even as on today respondent No. 2 is minor and his date of birth, as per the school first attended by him, is 20th September, 2000. Thus respondent No. 2 is required to be impleaded through his father.

Faced with this situation learned counsel for the petitioner has handed over an amended memo of parties which is taken on record. Vakalatnama duly executed by Mohd. Javed, father of the juvenile/complainant has also been handed over by learned counsel for complainant which is also taken on record.

Mohd. Javed, father of the complainant/victim is present in Court and is identified by the learned counsel and the Investigating Officer. He states that the above noted FIR was registered when an incident took place between the petitioner and his son, both of whom were studying in school. He states that since both the petitioner and his son were friends he does not want to pursue the abovementioned FIR and the proceedings pursuant thereto and wants that both the petitioner and his son should live in a peaceful and cordial atmosphere.

Petitioner who is present in Court and is identified by the learned counsel affirms the statement of father of respondent No.2 and assures that no cause of grievance will be given in future. He also undertakes to abide by the terms of 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. 584/2017 under Sections 324/341/34 IPC registered at PS Gokul Puri and proceedings pursuant thereto are hereby quashed.

Petitioner and father of the complainant/victim have signed the order sheet in acknowledgment of their statements made before this Court. Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

MAY 02, 2018 'yo'