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High Court of DelhiCRL.M.C./3727/2018

Sandeep & ORS v. The State (NCT Of Delhi)& ORS

2018-07-30Hon'Ble Mr. Justice A.K. Pathak2 pages

$~61 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3727/2018 & Crl. M.A. No. 28726/2018 SANDEEP & ORS ..... Petitioners Through Mr.

Sameer Chandra, Mr.

Saneev Beniwal and Mr. Tushar Chabra, Advs.

Versus

THE STATE (NCT OF DELHI)& ORS ..... Respondents Through Mr. Izhar Ahmad, APP with Inspector Vijender Singh and SI Shrikrishna, P.S.

Hari Nagar Respondent nos. 2 and 3 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 30.07.2018 Notice. Learned APP accepts notice for respondent no. 1. Respondent nos.2 and 3 are present in Court and accept notice. They have been identified by SI Shrikrishna of police station Hari Nagar. It is submitted that petitioners and respondent nos. 2 and 3 were friends. A quarrel took place between them on some trivial issue, which led to registration of FIR no. 538/2017 under Sections 307/34 IPC and Sections 27/54/59 of the Arms Act at police station Hari Nagar on the complaint of respondent no. 2.

With the intervention of their common friends and other

family members, petitioners and respondent nos. 2 and 3 have settled their disputes amicably, vide Memorandum of Understanding dated 14th December, 2017; therefore, the FIR, which is at the investigation stage may be quashed. Respondent no. 2 has alleged in the FIR that petitioners quarrelled with him and thereafter, petitioner no. 1 took out a pistol and fired towards him and his friend, that is, respondent no. 3.

However, neither of them sustained any injury. Petitioner no. 1 has compensated respondent nos. 2 and 3 by paying each of them ₹25,000/- towards mental pain, agony and trauma suffered by them.

Respondent nos. 2 and 3 admit having settled the matter with petitioners of their own free will, voluntarily and without any undue force, pressure or coercion. They say that they have no objection in case FIR, which is at the investigation stage, is quashed.

Keeping in mind the settlement arrived at between the petitioners and respondent no. 2, in the interest of justice, aforesaid FIR, which is at the investigation stage, is quashed.

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

A.K. PATHAK, J.

JULY 30, 2018/r.bararia