Abdul Kadir & ORS v. State (Govt Of NCT Of Delhi) & ORS

$~15.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + ABDUL KADIR & ORS ..... Petitioners Through: Mr. Narendra Kumar, Advocate with petitioners in person (Mob. No.9999023459) versus STATE (GOVT OF NCT OF DELHI) & ORS ..... Respondents Through: Dr. M.P. Singh, APP for State with SI Sandeep, P.S. Alipur

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 29.01.2020 1.

The present proceedings are instituted seeking quashing of FIR No.282/2015 under Sections 323/324/341/342/352/354/506/509/34 IPC registered at Police Station Alipur, Delhi on the ground of settlement having been arrived at between the petitioners and respondents No.2 to 6. 2.

Learned APP for the State, on instructions, submits that the charge sheet in the present case has been filed under the aforesaid sections against the present petitioners and respondent No.2 to 6 are the only complainants/victims. He states that respondent No.6 has been represented through a Special Power of Attorney through her sister, who is present in court today. The said Special Power of Attorney has been telephonically verified from respondent No.6 by the I.O.

3.

As per the prosecution case, the present FIR has been filed by respondent No.3 against the present petitioners, who wrongfully restrained respondent No.3 and physically assaulted all the respondents thereby causing injuries.

4.

Learned counsels for the parties submit that the petitioners and respondent no.2 to 6 have entered a settlement vide Compromise Deed dated 08.05.2017. A copy of the same is annexed with the petition as Annexure P2. In terms of the settlement, respondents No.2 to 6 are now left with no claim whatsoever against the petitioners.

5.

The petitioners, who are present in person, are identified by their counsel as well as by the Investigating Officer. Respondents No.2 to 6, who are also present in person, are also identified by the Investigating Officer. The petitioners have shown remorse for their conduct and has undertaken not to repeat the same in future.

6.

Respondents No.2 to 6 state that they have entered the settlement with the petitioners out of their own free will, volition and without any undue force, pressure or coercion. They further state that the petitioners have not repeated the same incident and that they has no objection if the present FIR and consequent proceedings are quashed.

7.

Learned counsels for the parties submit that no other proceedings are pending between the parties.

8.

The parties shall remain bound by their statements made in Court today.

9.

In view of the settlement arrived at between the parties voluntarily, in my view, no useful purpose will be served in continuance of the present criminal proceedings. Accordingly, in the interest of justice, aforesaid FIR and the consequent proceedings emanating therefrom are hereby quashed. 10.

With the above directions, the petition is disposed of. 11.

Order dasti to the counsels for the parties.

MANOJ KUMAR OHRI, J JANUARY 29, 2020 na