Naveen & ORS v. State & ANR

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + NAVEEN & ORS ..... Petitioners Represented by:

Mr.Sahil Jain, Advocate versus STATE & ANR ..... Respondents Represented by:

Mr.Sanjay Lao, ASC for the State with Ms.Hemlata Rawat with ASI Hawa Singh, PS Nihal Vihar Ms.Preeti Srivastava, Advocate for RCORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 07.09.2018 Crl.M.A.No.31571/2018 Allowed subject to just exceptions.

W.P.(Crl.) No.2666/2018 1.

By this petition, the petitioners seek quashing of FIR No.294/2017 under Sections 308/323/34 IPC registered at PS Nihal Vihar on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. 2.

Learned Additional Standing Counsel for the State on instructions submits that in the above noted FIR the three petitioners are the accused and the respondent No.2 is the complainant/victim.

3.

Respondent No.2 who is present in Court and is identified by the learned counsel and the Investigating Officer states that he has settled the matter with the petitioners vide the deed of compromise dated 4th September, 2018. He states that the petitioners and respondent No.2 are friends, studying together and thus he does not wish to pursue the abovementioned FIR and the proceedings pursuant thereto. He also undertakes to abide by the terms of settlement. 4.

Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and undertake to abide by the terms of settlement arrived at between the parties. They further assure that they will not indulge in any such activity in future and to show remorse undertake to deposit cost.

5.

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.

6.

Consequently, FIR No.294/2017 under Sections 308/323/34 IPC registered at PS Nihal Vihar and proceedings pursuant thereto are hereby quashed subject to each of the petitioner depositing a sum of ₹5,000/- with the Chief Minister's Distress Fund, Kerala within two weeks and copy of the receipt will be placed on record.

7.

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

8.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

SEPTEMBER 07, 2018 mamta