Bharat Bhati & ORS. v. State & ANR.

$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BHARAT BHATI & ORS.

..... Petitioners Represented by:

Mr. Nitendra Sharma, Advocate.

versus STATE & ANR.

..... Respondents Represented by:

Mr. Sanjay Lao, ASC with Ms.

Hemlata Rawat, Advocate with ASI Ravindra, PS Madhu Vihar.

Mr. Vaibhav Choudhary, Advocate for R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 31.08.2018 Crl.M.A. No. 31136/2018 (Exemption) Allowed, subject to all just exceptions.

W.P.(CRL) 2589/2018 and Crl.M.A. No. 31135/2018 By the present petition the petitioners seek quashing of FIR No. 56/2018 under Sections 323/341/506/34 IPC registered at PS Madhu Vihar, Delhi on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned Additional Standing Counsel for the State on instructions

submits that in the above noted FIR the three petitioners are the only accused and the respondent No.2 is the only complainant. Respondent No. 2 is present in Court and is identified by learned counsel and the Investigating Officer. He states that he has now settled the matter with the petitioners which incident occurred on heat of the moment and both the side indulged in quarrelling. He states that he does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No. 2 and assure that no such misbehaviour will take place in future and to show remorse they undertake to deposit some costs also.

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. 56/2018 under Sections 323/341/506/34 IPC registered at PS Madhu Vihar, Delhi and proceedings pursuant thereto are hereby quashed subject to depositing a cost of ₹10,000/- each with the Chief Minister's Distress Relief Fund, Kerala within two weeks. Copy of the receipt will be placed on record.

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

Petition and application are disposed of.

Order dasti.

MUKTA GUPTA, J.

AUGUST 31, 2018 'yo'