Shehzad & ORS. v. State & ORS.

28# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + SHEHZAD & ORS.

..... Petitioners Represented by:

Ms. Jyoti Gupta, Advocate with petitioners in person.

versus STATE & ORS.

..... Respondents Represented by:

Mr. Hirein Sharma, APP for the State with ASI Shiv Murti, PS Kalyanpuri.

Ms. Sunita Arora, Advocate for respondent Nos. 2 and 3 with Respondent No.2 and 3 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 02.08.2016 Crl.M.A. No. 11705/2016 (Exemption) Allowed, subject to all just exceptions.

By the present petition the petitioners seek quashing of FIR No. 785/2014 under Sections 308/324/34 IPC registered at PS Kalyan Puri, Delhi on the complaint of Respondent No.2 on the ground that the parties have settled the matter.

Issue notice.

Learned APP accepts notice on behalf of the State.

Learned APP for the State on instructions from the Investigating Officer states that besides the three petitioners there is no other accused and besides the respondent Nos.2 and 3 there is no other complainant or victim in the present FIR.

The complainant/Respondent Nos. 2 and 3 Mohd. Sohaib and Akram are present in Court and are identified by the learned counsel and the Investigating Officer. They state they have settled the matter with the petitioners and in terms of the settlement between the parties, they do not want to pursue the abovementioned FIR and the proceedings pursuant thereto.

Petitioners, who are also present in Court and are identified by the learned counsel state that he will abide by the terms of settlement. 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. 785/2014 under Sections 308/324/34 IPC registered at PS Kalyan Puri, Delhi and proceedings pursuant thereto are hereby quashed, subject to the petitioners depositing a sum of `10,000/- each with the Delhi High Court Staff Welfare Fund within three weeks.

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

The petition is disposed of. Order dasti.

MUKTA GUPTA, J.

AUGUST 02, 2016 'vn'