Md. Asgar & ORS v. The State (NCT Of Delhi) & ANR

43#$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1555/2016 MD. ASGAR & ORS ..... Petitioners Represented by:

Mr. S.C. Mohan Mehta, Mr.

Zubair Raza, Advocates with petitioners in person.

versus THE STATE (NCT OF DELHI) & ANR ..... Respondents Represented by:

Mr. Rajesh Mahajan, Additional Standing Counsel for the State for Mr. Avi Singh, Additional Standing Counsel with SI Mukesh Kumar, PS Dwarka South.

Mr. Sameer Chandra, Advocate for respondent No.2 with respondent no. 2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 13.07.2016 Crl. M.A. No. 8077/2016 (Exemption) Allowed, subject to all just exceptions.

W.P.(CRL) 1555/2016 By this petition, the petitioners seeks quashing of FIR No. 374/2015 under Sections 308/34 IPC registered at PS Dwarka, South, Delhi on the complaint of respondent No.2 on the ground that the parties have settled the matter.

Learned Additional Standing Counsel for the State on instructions W.P.(CRL) 1555/2016

from the Investigating Officer submits that the there are only three accused persons in the FIR who are the petitioners before this Court and respondent No. 2 Surender Kumar is the only complainant/victim. Petitioners and the Respondent No. 2 are present in Court and are identified by their respective counsels. Respondent No. 2 states that he has settled the matter with the petitioners and in terms of the settlement arrived at between the parties he does not want to pursue the abovementioned FIR and the proceedings pursuant thereto.

In view of the fact that the parties have settled the matter of their own free will, volition and without any coercion and no fruitful purpose will be served in continuance of the proceedings, rather the same would create further acrimony between them, 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. 374/2015 under Sections 308/34 IPC registered at PS Dwarka, South, Delhi and proceedings pursuant thereto are hereby quashed subject to the petitioners depositing `10,000/- each with the Delhi High Court Legal Services Committee within two weeks. Parties have signed this order sheet in acknowledgment of their statements made before this Court.

The petition is disposed of. Order dasti.

MUKTA GUPTA, J.

JULY 13, 2016/'vn'

W.P.(CRL) 1555/2016