Sahil Ahmed & ORS. v. The State (NCT Of Delhi) & ANR.

44# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2018/2018 SAHIL AHMED & ORS.

..... Petitioners Represented by:

Mr. A.F. Faizi, Advocate with petitioners in person.

versus THE STATE (NCT OF DELHI) & ANR.

..... Respondents Represented by:

Ms. Nandita Rao, Additional Standing Counsel for State with Ms. Iti Pandey, Advocate with SI C.P. Singh, PS Jamia Nagar.

Mr. Vidur Dwivedi, Advocate for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 26.09.2018 By the present petition, petitioners seek quashing of FIR No. 702/2017 under Sections 323/341/34 IPC registered at PS Jamia Nagar, 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 the complainant/victim.

Respondent No. 2 is present in Court and is identified by the learned counsel and the Investigating Officer. He states that he has settled the W.P.(CRL) 2018/2018

matter with the petitioners vide Memorandum of Understanding dated 4th June, 2018, copy of which is annexed at pages 57 to 61 of the paper book. In terms of the settlement he does not wish to pursue the above-noted FIR and the proceedings pursuant thereto.

Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and undertake to abide by the terms of the settlement arrived at between the parties. To show remorse the petitioners undertake to deposit some costs also. 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. 702/2017 under Sections 323/341/34 IPC registered at PS Jamia Nagar, Delhi and proceedings pursuant thereto are hereby quashed subject to each of the petitioner depositing ₹5,000/- with the Chief Minister's Distress Relief Fund, Kerala within two weeks. Receipt thereof will be placed on record.

Parties have signed this order sheet in acknowledgment of their statements made before this Court.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

SEPTEMBER 26, 2018/'vn'

W.P.(CRL) 2018/2018