Mohd Naushad & ANR v. The State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4891/2018 and CRL.M.A. no. 32847/2018 MOHD NAUSHAD & ANR.

..... Petitioners Through Mr. Mahesh Kumar Gautam, Adv.

with petitioners in person versus THE STATE & ANR.

..... Respondents Through Mr.

Izhar Ahmad, APP with SI Vivek, P.S. Nabi Karim Respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 25.09.2018 Notice.

Learned APP accepts notice for respondent no. 1.

Respondent no.2 Mr. Anwar Ali is present in Court and accepts notice. He has been identified by SI Vivek of police station Nabi Karim. It is submitted that petitioners and respondent no. 2 are known to each other.

With the intervention of their common friends and other family members, petitioners and respondent no. 2 have settled their disputes amicably.

Respondent no.2 submits that he has settled the matter with petitioners of his own free will and without any undue force, pressure or coercion. Respondent no. 2 says that he has no objection in case FIR No.

97/2016 under Sections 380/457 IPC registered at Police Station Nabi Karim and consequent proceedings emanating therefrom are quashed against the petitioners.

Affidavit of respondent no. 2 to this effect is also on record at pages 17-19.

Keeping in mind the settlement arrived at between the petitioners and respondent no. 2 voluntarily, in my view, no fruitful purpose would be served to keep the criminal proceedings pending. Accordingly, in the interest of justice, aforesaid FIR and the consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms. Miscellaneous application is disposed of as infructuous. Dasti.

A.K. PATHAK, J.

SEPTEMBER 25, 2018 r.bararia