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High Court of DelhiCRL.M.C./2816/2018

Amir Khan & ANR v. State ( NCT Of Delhi) & ANR

2018-08-30Hon'Ble Mr. Justice A.K. Pathak2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2816/2018 AMIR KHAN & ANR ..... Petitioners Through Mr. Kameshwar Mishra, Adv. with petitioners in person versus STATE ( NCT OF DELHI) & ANR ..... Respondents Through Dr. M.P. Singh, APP with SI Jasmer Singh, P.S. Jahangir Puri Respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 30.08.2018 Respondent no. 2 Mohd. Islam is present in Court and accepts notice. He has been identified by SI Jasmer Singh of police station Jahangir Puri. Respondent no.2 submits that he has settled the matter with the petitioners of his own free will and without any undue force, pressure or coercion, vide a Compromise/Settlement dated 15th May, 2018; therefore, FIR No. 627/2017 under Sections 324/326/307/34 IPC registered at Police Station Jahangir Puri may be quashed. It is noted that initially, FIR was registered under Sections 324/34 IPC and Sections 326/307 IPC were added subsequently since injury was grievous.

Respondent no. 2 says that he

remained in the hospital only for one day. Investigations are still pending and charge-sheet has yet not been filed. Petitioners and respondent no. 2 were known to each other. Petitioners and respondent no. 2 are living in the same locality.

Petitioners have compensated respondent no. 2 by paying ₹70,000/- to him. Respondent no. 2 submits that he has no objection in case FIR, which is at the investigation stage, is quashed. Keeping in mind the settlement arrived at between the petitioners and respondent no. 2 voluntarily, in my view, no fruitful purpose would be served to keep the criminal proceedings pending. Accordingly, in the interest of justice, aforesaid FIR, which is at the investigation, is quashed. Petition is disposed of in the above terms. Dasti. A.K. PATHAK, J.

AUGUST 30, 2018 r.bararia