High Court of DelhiCRL.M.C./2547/2016

Premchand & ORS. v. State & ANR.

2016-09-08Hon'Ble Ms. Justice Mukta Gupta2 pages

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2547/2016 PREMCHAND & ORS.

..... Petitioner Represented by:

Mr. Pankaj Sinha, Adv.

versus STATE & ANR.

..... Respondent Represented by:

Mr. Kewal Singh Ahuja, APP with SI Praveen Kumar PS Mandawali, SI Yashpal Singh DIU Centre.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 08.09.2016 By the present petition, the Petitioners seek quashing of FIR No. 373/2012 under Sections 308/34 IPC registered at PS Mandawali, Delhi on the complaint of Respondent No.2 on the ground that the parties have settled the matter.

Learned APP for the State on instructions from Investigating Officer submits that though 5 accused were named in the FIR, however the chargesheet has been filed only against three petitioners in the present petition. He further states that the respondent No.2 is the only complainant/ victim. Respondent No. 2 is present in Court and is identified by the Investigating Officer. He states that he has settled the matter with the CRL.M.C. 2547/2016

petitioners who have compensated him with a sum of `1,20,000/- towards the medical expenses and physical and medical trauma he underwent. He states that he does not wish to pursue the abovementioned FIR and the proceedings pursuant thereto.

Petitioners who are present in Court and are identified by the investigating officer further apologises to the respondent No.2 and assure that they will not indulge in any such unbecoming behaviour in future. 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. 373/2012 under Sections 308/34 IPC registered at PS Mandawali, Delhi and proceedings pursuant thereto are hereby quashed.

Parties who are identified by the investigating officer have signed this order sheet in acknowledgment of their statements made before this Court. The petition is disposed of. Order dasti.

MUKTA GUPTA, J.

SEPTEMBER 08, 2016 'ga'

CRL.M.C. 2547/2016