Salman & ORS v. State ( NCT Of Delhi) & ANR

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3394/2016 SALMAN & ORS ..... Petitioner Represented by:

Mr. Abhishek Sabarwal, Adv.

versus STATE ( NCT OF DELHI) & ANR ..... Respondent Represented by:

Mr. Hirein Sharma, APP.

Mr. Arun Sharma, Adv. for R2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 19.12.2016 By the present petition, the petitioners seek quashing of order dated 6th September, 2011 passed by learned Metropolitan Magistrate summoning them as accused in CC No.114/CM/10 titled as "Rohit Chauhan Vs. Salman & Ors" for offences punishable under Sections 326/506 Part-II/34 IPC on the ground that parties have settled the matter. The petitioners and respondent No.2 the complainant were referred to Mediation Centre, Tis Hazari Court wherein they arrived at a settlement on 22nd February, 2014. In terms of the settlement, the petitioners compensated respondent No.2/complainant for the injuries suffered and offences under Section 506 IPC was agreed to be compounded and Section 326 to be quashed.

Respondent No.2 is present in Court and identified by learned counsel. He states that he has settled the matter with the petitioners before

the Mediation Centre, Tis Hazari Courts on 22nd February, 2014 copy of which is annexed at pages 21 and 22 of the paper book. He further states that in view of the settlement, he does not wish to pursue the above noted complaint case. The petitioners who are present in Court and identified by learned counsel affirm the statement of respondent No.2 and state that they 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 complaint case and the proceedings pursuant thereto. There is no legal impediment in quashing the abovementioned complaint case.

Consequently, CC No.114/CM/10 titled as "Rohit Chauhan Vs. Salman & Ors" pending in the Court of learned Metropolitan Magistrate, Central -II, Delhi and proceedings pursuant thereto are hereby quashed. 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.

DECEMBER 19, 2016 'v mittal'