Maksood v. State & ANR

5# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1889/2017 MAKSOOD ..... Petitioner Represented by:

Mr. A.K. Verma, Advocate with petitioner in person.

versus STATE & ANR ..... Respondents Represented by:

Ms. Richa Kapoor, Additional Standing Counsel for State with SI K.P. Singh, PS Seelampur.

Respondent No. 2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 11.12.2017 By the present petition the petitioner seeks quashing of FIR No. 233/2017 under Section 324 IPC registered at PS Seelampur, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned Additional Standing Counsel for the State on instructions from Investigating Officer submits that in the above-noted FIR the petitioner is the only accused and the respondent No.2 is the only complainant/victim and both the petitioner and respondent No. 2 are the real brothers. Respondent No. 2 is present in Court and is identified by the Investigating Officer. He states he has settled the matter with the petitioner who is his younger brother and they have now no dispute and would live in harmony. He further states that in terms of the settlement he does not wish W.P.(CRL) 1889/2017

to pursue the above-noted FIR and the proceedings pursuant thereto. The petitioner who is present in Court and is identified by the learned counsel affirms the statement of respondent No.2 and also assures that he would live in harmony with his brother and other family members. 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. 233/2017 under Section 324 IPC registered at PS Seelampur, Delhi and proceedings pursuant thereto are hereby quashed. Parties have signed this order sheet in acknowledgment of their statements made before this Court.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

DECEMBER 11, 2017 'yo'

W.P.(CRL) 1889/2017