Mohd Abid & ORS v. State & ORS

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MOHD ABID & ORS ..... Petitioners Represented by:

Mr.U.A.Khan and Mr.Shahrukh Khan, Advocates versus STATE & ORS ..... Respondents Represented by:

Ms.Kamna Vohra, ASC for the State with ASI Jaswant, PS Aman Vihar

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 09.08.2018 1.

By this petition, petitioners seek quashing of FIR No.681/2017 under Sections 308/34 IPC registered at PS Aman Vihar on the complaint of respondent No.2 and proceedings pursuant thereto on the ground that parties have settled the matter.

2.

Learned Additional Standing Counsel for the State on instructions submits that in the abovenoted FIR the four petitioners namely petitioner Nos.1, 3, 4 and 5 are the accused besides petitioner No.2 who is also involved however he is a minor. She further states that the abovenoted FIR was registered on the complaint of respondent No.2 who was the injured complainant and besides him four others have been injured who have been impleaded as respondent Nos.3 to 6 out of which respondent No.3 is a minor. Respondent No. 6, respondent No.2 on his behalf and on behalf of

respondent No.3, his minor son and respondent No.4 and respondent No.6 father of respondent No.5 state that they have settled the matter with the petitioners vide settlement agreement dated 19th July, 2018 as the parties are living nearby and they do not wish to pursue the abovenoted FIR and proceedings pursuant thereto. They undertake to abide by the terms of settlement.

3.

Petitioner Nos.1, 3, 4 and 5 are present in Court. Petitioner Nos.3, 4 and 5 and petitioner No.1 on his behalf and on behalf of petitioner No.2, his minor son affirm the statements of respondent Nos.2, 4, 6 and father of respondent No.5 tender their unqualified apologies and assure that no misbehaviour will take place in future and undertake to abide by the terms of settlement. To show remorse, they also seek to deposit cost. 4.

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, 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.

5.

Consequently, FIR No.681/2017 under Sections 308/34 IPC registered at PS Aman Vihar and proceedings pursuant thereto are hereby quashed subject to the petitioner Nos.1, 3, 4 and 5 depositing a sum of ₹5,000/- each with the Juvenile Justice Fund maintained by the Registrar General of this Court.

6.

Parties have signed this order sheet in acknowledgment of their statements made before this Court.

7.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

AUGUST 09, 2018 mamta