Arbaz Ahmad v. State (Govt Of NCT Of Delhi) & ORS

$~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARBAZ AHMAD ..... Petitioner Represented by:

Mr. Matloob Alam, Advocate.

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

Mr. Yash Kotak, Advocate for Mr. Ashish Aggarwal, ASC with SI Bhagwan Singh, PS Jamia Nagar.

Mr. M.A. Jamal, Advocate for R-2 and 3.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 20.08.2018 Crl.M.A. No. 30315/2018 (Exemption) Allowed, subject to all just exceptions.

By the present petition, the petitioner seeks quashing of FIR No. 639/2017 under Sections 354/341/506 IPC registered at PS Jamia Nagar, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned proxy counsel for learned Additional Standing Counsel for the State on instructions submits that in the above noted FIR the petitioner is the only accused and the respondent No.2 is the complainant and respondent No. 3 the other victim.

Respondent Nos. 2 and 3 who are present in Court and are identified by the learned counsel and Investigating Officer state that they have settled the matter with the petitioner vide the compromise deed dated 13th August, 2018, copy whereof is annexed as Annexure- P2 of the paper book. In terms of the settlement as the petitioner has apologies and assures that no such misbehaviour will take place in future and has settled the matter with the respondent Nos. 2 and 3 and also being neighbour they do not want to pursue the abovementioned FIR and the proceedings pursuant thereto. Petitioner who is present in Court and is identified by the learned counsel has tender his apology to the respondent Nos.2 and 3 and assure that no such misbehaviour will take place in future and he undertakes to abide by the terms of settlement arrived at between the parties. To show remorse, he also undertakes to deposit cost.

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, 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. 639/2017 under Sections 354/341/506 IPC registered at PS Jamia Nagar, Delhi and proceedings pursuant thereto are hereby quashed subject to the petitioner depositing a sum of ₹20,000/- with the Juvenile Justice Fund maintained by the Registrar General of this Court within three weeks.

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

Petition is disposed of.

Order dasti.

MUKTA GUPTA, J.

AUGUST 20, 2018 'yo'