Pankaj Seth v. State & ANR.

$~39 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2998/2016 PANKAJ SETH ..... Petitioner Through:

Mr. Nishant Sharma, Adv. along with petitioner in person.

versus STATE & ANR.

..... Respondents Through:

Mr. Ashish Aggarwal, ASC with Mr.

Piyush Aggarwal and Ms. Arpita Bhattacharya, Advs. for State.

Mr. Pramod Kumar, Adv. for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 08.12.2016 FIR No. 446/16 under Sections 279/337 IPC was registered at police station Janak Puri, on the complaint of respondent no.2-Jasbir Singh. In the FIR, respondent no.2 has alleged that on 25th May, 2016 he was going on his scooty bearing no. DL-8SBQ-0374 along with his brother-in-law Gurmeet Singh @ Montu and when they reached near Khanna Hospital at about 11:15 pm one unknown vehicle hit the scooty resulting injuries to him. During the investigation, it is revealed that petitioner was driving the car bearing registration no. DL 1CS 1032 which had hit the scooty of respondent no.2. As per the MLC, injuries of respondent no.2 have been opined as simple. It is noted that on the complaint of Siddhart Seth, brother of

petitioner, FIR No.463/16 under Section 308/34 IPC was registered at police station Dabri against the respondent no.2, his brother-in-law Gurmeet Singh @ Montu and one Aman. In the said FIR, Siddhart Seth alleged that on 25th May, 2016 at about 10 pm his brother Pankaj Seth (petitioner herein) was returning home and when he reached in the gali near his office, an argument took place between his brother and Gurmeet Singh @ Montu. When he intervened, Gurmeet Singh @ Montu beat him and also called his associates, i.e., Jasbir Singh and Aman, who also gave beatings to them, resulting injuries to him.

Petitioner and respondent no.2 are living in the same locality and are known to each other. They have settled their disputes with the intervention of their common friends and other family members vide Memorandum of Understanding dated 16th September, 2016. Respondent no.2 is present in Court and submits that he has settled the matter with the petitioner, of his free will and without any undue pressure, force or coercion. He submits that he is not willing to pursue the FIR any further in view of the settlement and the same may be quashed.

Keeping in mind the totality of the circumstances, FIR No.446/16 under Sections 279/337 IPC registered at police station Janak Puri, which is

at the investigation stage, is quashed.

Writ petition is disposed of in the above terms. A.K. PATHAK, J.

DECEMBER 08, 2016 ga