Mohd Hashim v. State (Govt Of NCT Of Delhi) & ANR

37# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4632/2016 MOHD HASHIM ..... Petitioner Represented by:

Mr. J.L. Behl, Advocate with petitioner in person.

versus STATE (GOVT OF NCT OF DELHI) & ANR ..... Respondents Represented by:

Ms. Meenakshi Chauhan, APP for the State with SI Manoj Tomar, PS Seelampur.

Ms. Jyoti, Advocate for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 15.12.2016 By the present petition the petitioner seeks quashing of FIR No. 353/2003 under Sections 454/427380/411 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. Issue notice. Learned APP accepts notice on behalf of the State. Learned APP for the State on instructions from the 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. The complainant/Respondent No. 2 Mr. Rahis Ahmed, who is present in Court and is identified by the learned counsel states that he has settled the CRL.M.C. 4632/2016

matter with the petitioner, who is his real brother in terms of the settlement deed dated 7th December, 2017 and does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. Petitioner who is present in Court and is identified by the learned counsel affirms the statement of respondent No.2 and states that he will abide by the terms of the settlement deed dated 7th December, 2016. 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. 353/2003 under Sections 454/427380/411 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.

The petition is disposed of. Order dasti.

MUKTA GUPTA, J.

DECEMBER 15, 2016/'vn'

CRL.M.C. 4632/2016