Yogesh Kumar & ANR v. The State & ORS

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + YOGESH KUMAR & ANR ..... Petitioners Represented by:

Mr.Digpal Singh and Mr.Raj Kumar, Advocates versus THE STATE & ORS ..... Respondents Represented by:

Mr.Sanjay Lao, ASC with Mr.Siddharth Sindhu, Advocate for the State and SI Sunil Chandra, PS Moti Nagar Ms.Puja Jain and Mr.Navit Bansal, Advocates for R-2 and R-3

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 17.05.2018 Crl.M.A.No.9417/2018 Allowed subject to just exceptions.

W.P.(Crl.) No.1537/2018 1.

By the present petition, the petitioners seek quashing of FIR No.110/2018 under Sections 307/308/34 IPC registered at PS Moti Nagar on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. 2.

Learned Additional Standing Counsel for the State on instructions submits that in the above noted FIR the two petitioners are the only accused

and respondent No.2 the complainant/victim and respondent No.3 who is a minor the other victim. Learned Additional Standing Counsel for the State further states that the quarrel took place between the parties when respondent No.2 along with respondent No.3 and others went for the settlement of the disputes between his sister-in-law who is married to the petitioner No.1. He states that now parties have holistically settled all the disputes. Respondent No.3 and Naresh Kumar, father of respondent No.3 are present in Court besides respondent No.2 and are identified by the learned counsel. They state that the parties have arrived at a settlement. The petitioners have paid compensation to the respondent No.3 for the injuries caused and since the parties have holistically settled the matter settling the marital discord between petitioner No.1 and his wife they do not wish to pursue the above noted FIR and the proceedings pursuant thereto. They state that they would abide by the terms of settlement 3.

Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and father of respondent No.3 and undertake to abide by the terms of settlement arrived at between the parties.

4.

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.

5.

Consequently, FIR No.110/2018 under Sections 307/308/34 IPC registered at PS Moti Nagar and proceedings pursuant thereto are hereby quashed.

6.

Petitioners, respondent No.2 and father of respondent No.3 have signed this order sheet in acknowledgment of their statements made before this Court.

7.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

MAY 17, 2018 mamta