Rajesh Gulati & ORS. v. The State & ANR.

$~48 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3379/2018 and Crl. M.A. no. 12253/2018 RAJESH GULATI & ORS.

..... Petitioners Through Mr. Yashpal Jolly and Mr. Mahesh Kumar Gautam, Advs.

with petitioners in person versus THE STATE & ANR.

..... Respondents Through Mr. Izhar Ahmad, APP with SI Ajay Kumar, P.S. Rajouri Garden Respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 10.07.2018 Notice.

Learned APP accepts notice for respondent no. 1.

Respondent no.2 Mr. Devender Singh is present in Court and accepts notice. He has been identified by SI Ajay Kumar of police station Rajouri Garden.

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. Respondent no. 2 says that he has no objection in case FIR No. 119/2017 under Sections 323/341/295-A/34 IPC registered at Police Station Rajouri Garden and the consequent proceedings emanating therefrom are

quashed, more particularly when petitioners have compensated him by paying `45,000/- towards medical expenses incurred by him as well as mental pain and trauma suffered by him. Affidavit of respondent no. 2 to this effect is also on record at pages 22-24. 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 and the consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms. Miscellaneous application is disposed of as infructuous. Dasti.

A.K. PATHAK, J.

JULY 10, 2018 r.bararia