Pawan Praksh & Pawan Kumar & ORS v. State Of NCT Of Delhi & ORS

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + PAWAN PRAKSH & PAWAN KUMAR & ORS. ... Petitioners Represented by:

Mr.C.B.Singh, Advocate versus STATE OF NCT OF DELHI & ORS ... Respondents Represented by:

Mr.Rahul Mehra, Standing Counsel for the State with Ms.Amita Sachdeva, Advocate Mr.M.A.Khan, Advocate for respondent No.4 SI Omkar Singh, PS Nand Nagri

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 29.10.2018 1.

A sum of ₹5,000/- as directed vide order dated 7th September, 2018 has been paid to respondents No.2 and 3.

2.

By the present petition the petitioners seek quashing of FIR No.738/2015 under sections 308/34 IPC registered at PS Nand Nagri, Delhi on the complaint of Assistant Sub-Inspector Ashok Tirkey and the proceedings pursuant thereto wherein minor daughter of respondents No2 and 3 received grievous injuries and respondents No.4 and 5 namely Faizan and Ikram respectively received simple injuries. 3.

Respondents No.2 and 3, father and mother of minor victim 'K' are present in Court and are identified by the Investigating Officer.

Respondents No.4 and 5 are also present in Court and are identified by the learned counsel and the Investigating Officer. 4.

Respondents No.2 and 3 on behalf of their minor daughter state that the minor daughter has since recovered and they have received a compensation for a sum of ₹60,000/-, thus, they have settled the matter with the petitioners vide settlement deed dated 5th May, 2016 and do not wish to pursue the above noted FIR and the proceedings pursuant thereto. Faizan and Ikram, respondents No.4 and 5 respectively, also state that they have recovered fully and do not wish to pursue the above noted FIR and the proceedings pursuant thereto.

5.

Petitioners No.1 and 3 to 6, who are present in Court and are identified by the learned counsel affirm the statement of respondents No.2 to

5. Petitioner No.2 has died. His death certificate has been handed over, which is taken on record.

6.

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, 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.

7.

Consequently, FIR No.738/2015 under sections 308/34 IPC registered at PS Nand Nagri, Delhi and proceedings pursuant thereto are hereby quashed.

8.

Parties have signed this order sheet in acknowledgment of their

statements made before this Court.

9.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

OCTOBER 29, 2018 'rk'