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High Court of DelhiCRL.M.C./3402/2016

Suchit Dawar v. State & ORS.

2017-07-31Hon'Ble Mr. Justice A.K. Pathak2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3402/2016 SUCHIT DAWAR ..... Petitioner Through:

Mr. Rajat Aneja and Ms. Chandrika Gupta, Advs. along with petitioner in person.

versus STATE & ORS.

..... Respondents Through:

Ms. Meenakshi Chauhan, APP for State along with Insp. Rajeev Yadav, P.S. Inder Puri.

Mr. Mohit Singh, Adv. for R-2 to R-4 along with R-2 to R-4 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 31.07.2017 Petitioner has prayed for quashing of FIR No. 190/13 under Sections 279/338 IPC registered at police station Inder Puri. It is submitted that petitioner has compromised the matter with the legal representatives (respondent nos. 2 to 4) of deceased-Baljinder Singh. It is submitted that offence under Section 338 IPC has already been permitted to be compounded by the learned Metropolitan Magistrate, New Delhi in CC No. 48874/2016.

Respondent nos. 2 to 4, who are present in person along with their counsel, have been identified by Insp. Rajiv Yadav of police station Inder

Puri. They submit that they have settled the matter with the petitioner of their own free will and without any undue force, pressure or coercion and have no objection in case the FIR is quashed under Section 279 IPC as well. Keeping in mind that a settlement has been arrived at between the petitioner and respondent nos. 2 to 4 and the fact that Section 338 IPC has already been compounded by the trial court, in the interest of justice, FIR No. 190/2013 under Section 279 IPC registered at police station Inder Puri and the consequent proceedings, that is, Cr. C. 48874/2016 tilted State vs. Suchit pending before the trial court are quashed. Amount of `4.75 lacs, which is lying deposited in this Court together with interest accrued thereon, if any, be released to the respondent nos. 2 to 4 in equal proportions. Trial court record be sent back.

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

Dasti.

A.K. PATHAK, J.

JULY 31, 2017 ga