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High Court of DelhiCRL.M.C./4331/2016

Mohd Yusuf & ANR v. State Of NCT Of Delhi & ORS

2016-11-21Hon'Ble Ms. Justice Mukta Gupta2 pages

73# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4331/2016 MOHD YUSUF & ANR ..... Petitioners Represented by:

Mr. R.K. Tarun and Mr. Dipak Kumar, Advocates with petitioners in person.

versus STATE OF NCT OF DELHI & ORS ..... Respondents Represented by:

Mr. Amit Ahlawat, AP for the State with SI Omveer Singh, PS Nand Nagari.

Mr. Adarsh Tiwari, Advocate for respondent Nos. 2 and 3 with respondent Nos. 2 and 3 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 21.11.2016 Crl. M.A. 18091/2016 (Exemption) Allowed, subject to all just exceptions.

CRL.M.C. 4331/2016 By the present petition the petitioners seek quashing of FIR No. 752/2005 under Sections 326/506/34 IPC registered at PS Nand Nagri, 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 the Investigating Officer submits that in the above noted FIR the two petitioners are the only CRL.M.C. 4331/2016

accused and the respondent No. 2 is the only complainant/ victim. He states that the respondent No.3, the brother of respondent No.2 was only the eye witness and no injury was caused to him.

The Respondent Nos. 2 & 3 are present in Court. Respondent No.2, who is identified by the learned counsel and the Investigating Officer states that he has settled the matter with the petitioners and 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 the respondent No.2 and assure that there will be no misbehaviour in future.

In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion no useful purpose will be served in continuance of the above noted FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.

Consequently, FIR No. 752/2005 under Sections 326/506/34 IPC registered at PS Nand Nagri, Delhi and proceedings pursuant thereto are hereby quashed.

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

The petition is disposed of. Order dasti.

MUKTA GUPTA, J.

NOVEMBER 21, 2016/'vn'

CRL.M.C. 4331/2016