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High Court of DelhiW.P.(CRL)/2111/2018

Hitesh Sharma & ANR. v. State (NCT Of Delhi) & ORS.

2018-07-18Hon'Ble Ms. Justice Mukta Gupta3 pages

$~59 & *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2111/2018 HITESH SHARMA & ANR.

Represented by:

Petitioners Mr. Sunil Choudhary, Advocate.

versus Respondents Mr. Sanjay Lao, ASC with Mr.

Siddharth Sindhu, Advocate with Insp. Tanvir Ashraf, DIU/North East Dist.

STATE (NCT OF DELHI) «& ORS.

Represented by:

+ W.P.(CRL) 3089/2017 AKSHAY KUMAR & ANR Represented by:

Petitioners Mr. Sunil Choudhary, Advocate.

versus Respondents Ms. Kamna Vohra, ASC with Ms. Sarabjeet Kaur, Advocate.

STATE (NCT OF DELHI) & ORS Represented by:

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

ORDER

18.07.2018 % By these two petitioner, the petitioners Hitesh Sharma and Rahul Choudhary in W.P. Crl. 2111/2018 and petitioners Akshey Kumar and Sonu Tomar in W.P. Crl. 3089/2017 seek quashing of FIR No. 467/2017 under W.P. (CRL) 2111/2018 and conn, matter By:AMULYA

Sections 323/341/308/34 IPC registered at PS Bhajanpura on the complaint of respondent No. 2, Rajesh Kumar wherein besides Rajesh Kumar his son Kapil Kumar, respondent No. 3 is also a victim. Learned Additional Standing Counsel for the State on instructions submits that in the above noted FIR the four petitioners are the only accused and the respondent No.2 is the complainant/ victim and respondent No. 3 is the other victim.

Respondent Nos. 2 and 3 who are present in Court and are identified by the Investigating Officer state that they have settled the matter with the petitioners and in terms of the settlement they do not want to pursue the abovementioned FIR and the proceedings pursuant thereto as the parties are neighbour.

Petitioners Hitesh Sharma, Rahul Choudhary, Akshey Kumar and Sonu Tomar who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and 3 and undertake to abide by the terms of settlement. They tender unqualified apology and assure that no such misbehaviour will take place in future. To show remorse they undertake to deposit cost.

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. 467/2017 under Sections 323/341/308/34 IPC W.P.(CRL) 2111/201S and conn, matter P"?' 2 of 3

ri.e gistered at PS Bhajanpura and proceedings pursuant thereto are hereby quashed subject to each of the petitioner depositing sunt of ?10,000/- with the Juvenile Justice Fund maintained by the Registrar General of this Court within two weeks.

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

Petitions are disposed of. Order dasti.

MUKTA GUPTATJ.

JULY 18, 2018 fK) WU hio j l^OlW0^^ W.P.(CRL) 2111/2018 and conn, matter