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High Court of DelhiCRL.M.C./2818/2017

Mohd Taqi v. State

2017-07-24Hon'Ble Ms. Justice Sangita Dhingra Sehgal2 pages

$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2818/2017 MOHD TAQI ..... Petitioner Through:

Mr. Surender Kumar & Mr. A.K. Babbar, Advocates with petitioner in person.

versus STATE ..... Respondent Through:

Ms. Aashaa Tiwari, APP for State with Investigating Officer, PS Nangloi.

Mr. Anirudh Tanwar, Advocate for R-2 to R-4 with respondent No.2 to 4 in person.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 24.07.2017 CRL.M.A. 11655/2017 (exemption) Allowed, subject to all just exception.

Application stands disposed of.

CRL.M.C. 2818/2017 The instant petition has been filed by the petitioner seeking quashing of FIR No.396/2008 registered under Sections 304-A IPC at PS Nangloi, Delhi, on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that a compromise/settlement has been arrived at between the parties in the matter.

Learned counsel for the respondent Nos.2 to 4 submits that the respondent No.2 has received the total settlement amount of Rs.4,00,000/- from the petitioner in his account No.11801000000409. CRL.M.C. 2818/2017

Respondent Nos.2 to 4 are present in Court today and are identified by the Investigating Officer. They state that they have settled the matter with the petitioner for a sum of Rs.4,00,000/- with their own free will and choice without any threat, pressure and coercion. They further state that they have no claim whatsoever remaining against the petitioner and do not wish to pursue the abovementioned FIR and the proceedings pursuant thereto. Statements of the parties have been recorded separately. In view of the fact that the parties have amicably resolved their differences voluntarily and out of their own free will and without any coercion, pressure, 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.396/2008 registered under Sections 304-A IPC at PS Nangloi, Delhi and proceedings pursuant thereto are hereby quashed. The petitioner is, however, burdened with costs of Rs.20,000/- to be deposited with Prime Minister National Relief Fund during the course of the day. Cost deposited. A copy of receipt of Rs.20,000/- is taken on record. The petition is disposed of accordingly.

SANGITA DHINGRA SEHGAL, J JULY 24, 2017 afa CRL.M.C. 2818/2017