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High Court of DelhiW.P.(CRL)/3222/2016

Jayant Kumar Yadav v. State & ORS.

2016-11-09Hon'Ble Mr. Justice A.K. Pathak2 pages

$~47 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3222/2016 JAYANT KUMAR YADAV ..... Petitioner Through :

Mr. Partap Singh, Adv.

versus STATE & ORS.

..... Respondents Through :

Mr. Rajesh Mahajan, ASC and Mr.

Peeyush Bhatia, Adv. with Inspector Suresh Kaushik PS Delhi Cantt.

Respondent nos.2 & 3 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 09.11.2016 Crl.M.A.17452/2016 (Exemption) Allowed, subject to all just exceptions.

Application is disposed of.

Crl.M.A.17453/2016 (Delay) For the reasons as stated in the application, delay in re-filing is condoned.

Application is disposed of.

W.P.(CRL) 3222/2016 On the complaint of respondent no.3, present FIR No.0022/2016 under Sections 279/338 IPC was registered at Delhi Cantt against petitioner.

As per FIR, petitioner while driving motorcycle had hit respondent no.2 resulting grievous injuries to him.

Petitioners and respondent nos.2 & 3 have settled their disputes with the intervention of their common friends. Respondent nos.2 & 3 are present in Court and submit that they are not willing to pursue the FIR any further as petitioner has compensated them towards mental pain, agony and other miscellaneous expenses by paying `30,000/-. `10,000/- is stated to have already been paid and `20,000/- vide cheque bearing no.838524 dated 9th November, 2016 drawn at SBI is handed over to respondent no.2 in Court.

In view of the settlement arrived at between petitioner and respondent nos.2 & 3, the FIR No.0022/2016 under Sections 279/338 IPC registered at Delhi Cantt, which is at the investigation stage, is quashed, subject to realization of cheque handed over by petitioner to respondent no.2. Learned counsel for petitioner has further pointed out that a demand draft for `20,000/- has been deposited before the learned Metropolitan Magistrate, Patiala House Courts, New Delhi and same may be directed to be released to petitioner. Let demand draft be returned to petitioner. Writ petition is disposed of in the above terms. A.K. PATHAK, J.

NOVEMBER 09, 2016/dk