Mohd. Shafiq Khaliqi v. The Staet (Govt Of NCT Of Delhi) & ANR

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2202/2016 MOHD. SHAFIQ KHALIQI ..... Petitioner Represented by:

Mr. R.D. Tyagi, Mr.

T.N.Tyagi, Advs.

versus THE STAET (GOVT OF NCT OF DELHI) & ANR ..... Respondent Represented by:

Mr. Hirein Sharma, APP with SI Mahesh Chand PS Lajpat Nagar.

Mr. Anil Hooda, Mr. Ankit Gupta, Advs. for R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 19.07.2016 By the present petition, the Petitioner seeks quashing of FIR No. 295/2016 under Sections 279/337/338 IPC registered at PS Lajpat Nagar, Delhi on the complaint of Shri Mahender Singh who received grievous injuries on the ground that the parties have settled the matter. Learned counsel for the State on instructions from Investigating Officer states that besides the Petitioner there is no other accused involved in the FIR and besides Respondent No. 2 there is no other complainant/victim.

A power of attorney has been executed by Mahender Singh in favour of his son Darshan Singh who is present in Court and is identified by the investigating officer. The power of attorney is at pages 43-44 of the paper CRL.M.C. 2202/2016

book annexed as 'Annexure D'. Since Mahender Singh has settled the matter with the petitioner and a demand draft of ` 3 lakhs bearing No. 501141 drawn on ICICI Bank has been handed over to the son of Mahender Shri Darshan Singh who is present in Court, Shri Darshan Singh states on behalf of Shri Mahender Singh that he does not wish to pursue the abovementioned FIR and the proceedings pursuant thereto. 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.

Consequently, FIR No. 295/2016 under Sections 279/337/338 IPC registered at PS Lajpat Nagar, Delhi and proceedings pursuant thereto are hereby quashed.

The petitioner and the special power of attorney holder of the respondent No.2 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 19, 2016 'ga'

CRL.M.C. 2202/2016