Jafar Ali ORS. v. State & ORS.

33# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + JAFAR ALI & ORS.

..... Petitioners Represented by:

Mr. Pulkit Sachdeva and Ms.Saloni Sachdeva, Advocates with petitioners in person.

versus STATE & ORS.

..... Respondents Represented by:

Mr.Rajesh Mahajan, Additional Standing Counsel for State with SI Rajesh Kumar, PS Mehrauli.

Respondent Nos. 2 and father/natural guardian of respondent No.3 present in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 22.05.2018 Crl. M.A. No. 9914/2018 (Exemption) Allowed, subject to all just exceptions.

By the present petition the petitioner seeks quashing of FIR No. 47/2018 under Sections 323/341/324/506/34 IPC registered at PS Mehrauli, 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 from Investigating Officer submits that in the above-noted FIR the four

petitioners are the only accused and the respondent No. 2 and respondent No.3 the victim who is a minor and is thus represented through his father. Learned Additional Standing Counsel for State further submits that after registration of FIR, Sections 326/307 IPC were also invoked during the course of investigation.

Respondent No. 2 is present in Court and is identified by the Investigating Officer. He states that respondent No.3 is his brother-in-law and had come to his house when the dispute took place. However, he has settled the matter with the petitioners and do not wish to pursue the above noted FIR and the proceedings pursuant thereto. Respondent No. 3 is represented through his natural guardian namely Mohd. Idrish Qureshi, who is present in Court and is identified by the Investigating Officer. He states that on behalf of respondent No.3 he has settled the matter with the petitioners vide Settlement Deed dated 15th May, 2018, copy whereof is annexed as Annexure-6 to the present petition. He states that since the petitioners are related and live in the same locality he does not wish to pursue the above noted FIR and the proceedings pursuant thereto and would abide by the terms of settlement.

The petitioners 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. 47/2018 under Sections 323/341/324/506/34 IPC registered at PS Mehrauli, 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.

MAY 22, 2018 'vn'