Mohd Sabu Qureshi v. State NCT Of Delhi & ANR

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MOHD SABU QURESHI ..... Petitioner Represented by:

Mr. Tanvir Quiser, Adv.

versus STATE NCT OF DELHI & ANR ..... Respondent Represented by:

Mr. Bhagat Singh, Mr.

Premsagar Pal, Advs. for Mr.

R.S. Kundu, ASC for State with ASI Suresh Chand PS Jamia Nagar.

Mr. Naved Kesar, Adv. for R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 12.12.2017 By the present petition the petitioner seeks quashing of FIR No. 254/2017 under Sections 288/337 IPC registered at PS Jamia Nagar, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned proxy counsel for the learned Additional Standing Counsel for the State on instructions from Investigating Officer submits that in the above-noted FIR petitioner is the only accused and respondent No.2 the only complainant/ victim.

Respondent No. 2 is present in Court and is identified by the learned counsel and the Investigating Officer. He states that he has settled the matter with the Petitioner vide the compromise dated 10t May, 2017 and does not wish 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 for the alleged negligence being caused in the construction of the house offers to deposit a sum of ₹15,000/- with the Delhi High Court Legal Services Committee and undertakes to be careful 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 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. 254/2017 under Sections 288/337 IPC registered at PS Jamia Nagar, Delhi and proceedings pursuant thereto are hereby quashed subject to the undertaking of the petitioner to deposit a sum of ₹15,000/- with the Delhi High Court Legal Services Committee 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.

DECEMBER 12, 2017 'ga'