High Court of DelhiCRL.M.C./4594/2016

Dr.N.C.Asthana & ORS. v. State (Govt. Of NCT Of Delhi) & ORS.

2017-07-17Hon'Ble Mr. Justice A.K. Pathak2 pages

$~22 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4594/2016 DR.N.C.ASTHANA & ORS.

..... Petitioners Through:

Mr. Satya Siddiqui, Adv.

versus STATE (GOVT. OF NCT OF DELHI) & ORS.

..... Respondents Through:

Ms. Meenakshi Chauhan, APP for State with SI N.K.

Singh, P.S.

Sarojini Nagar.

Respondent nos. 2, 4 & 5.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 17.07.2017 It is submitted that petitioners and respondent no.2 have settled their disputes amicably vide Memorandum of Understanding dated 21st October, 2013, therefore, FIR No.

78/2013 under Sections 147/148/149/279/337/336/308/323 read with Section 30 of the Arms Act may be quashed. FIR was registered on the complaint of K. Swami Nathan. Respondent no. 3 is wife of respondent no.2; whereas respondent nos. 4 and 5 are sons and respondent no. 6 is daughter-in-law of respondent no.2. Except respondent no. 3 all other private respondents are present in Court and have been identified by SI N.K. Singh of police station Sarojini Nagar. These respondents submit that they have settled the matter with the petitioners of their own free will and without any undue force, pressure or

coercion. They further submit that they are not willing to pursue the present FIR and the same may be quashed. Respondent no.2 submits that he has been authorised by his wife, that is, respondent no.3 to convey to the Court that she is also not willing to pursue the FIR any further in view of the settlement. Respondent no. 2 has identified the signatures of respondent no. 3 in the settlement at point 'X' on each page. Keeping in mind that both the parties have settled their disputes amicably and the fact that complainant is not interested in pursuing the FIR, in the interest of justice, FIR No.

78/2013 under Sections 14/148/149/279/337/336/308/323 read with Section 30 of the Arms Act registered at police station Sarojini Nagar and the consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms.

Miscellaneous application is disposed of as infructuous.

A.K. PATHAK, J.

JULY 17, 2017 ga