Tehsin Ali & ORS. v. State & ORS.

44# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + TEHSIN ALI & ORS.

..... Petitioners Represented by:

Mr. Asok K. Sherawat, Advocate with petitioners in person.

versus STATE & ORS.

..... Respondents Represented by:

Mr. Ashok K. Garg, APP for the State with SI Shri Bhagwan, PS Neb Sarai.

Mr. Anand Kumar, Advocate for respondent Nos. 2 to 5 with respondent Nos. 2 to 5 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 06.02.2017 Crl. M.A. No. 2098/2017 (Delay in refiling) For the reasons stated in the application 80 days delay in refiling the petition is condoned.

Application is disposed of.

By the present petition the petitioners seek quashing of FIR No. 582/2016 under Sections 308/34 IPC registered at PS Neb Sarai, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.

Learned APP for the State on instructions from Investigating Officer submits that in the above-noted FIR the five petitioners are the only accused and the respondent No.2 is the complainant/victim and the respondent Nos. 3 to 5 the other victims.

Respondent Nos. 2 to 5 are present in Court and are identified by the learned counsel and the Investigating Officer. They state they have settled the matter with the petitioners as per the Compromise Deed dated 6th August, 2016 since they are neighbours and do not wish to pursue the above-noted FIR and the proceedings pursuant thereto. The petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent Nos.2 to 6 and state that they will abide by the terms of the settlement arrived at between the parties. They also state that to show remorse they are willing to deposit some 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, rather the same would create further acrimony between them, 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. 582/2016 under Sections 308/34 IPC registered at PS Neb Sarai, Delhi and proceedings pursuant thereto are hereby quashed subject to the petitioners depositing a total sum of ₹10,000/- with the Delhi High Court Staff Welfare Fund within four 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.

FEBRUARY 06, 2017 'vn'