High Court of DelhiCRL.M.C./2912/2017

Ishrar Ahmed v. State (Govt Of NCT Of Delhi) & ANR

2017-07-31Hon'Ble Ms. Justice Sangita Dhingra Sehgal2 pages

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2912/2017 ISHRAR AHMED ..... Petitioner Through:

Mr.

Saurabh Jhamb, Advocate with petitioner in person.

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

Mr. Ashok Kr. Garg, APP for State with IO/SI Rajender, PS Malviya Nagar.

Advocate (appearance not given) with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 31.07.2017 The instant petition has been filed by the petitioner seeking quashing of FIR No.268/2012 registered under Sections 337/304-A IPC at PS Malviya Nagar, New Delhi on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that a compromise/settlement has been arrived at between the parties in the matter. Respondent No.2 is present in Court today and is identified by the learned counsel and the Investigating Officer. He states that he has settled the matter with the petitioner for a total settlement amount of Rs.90,000/- with his own free will and choice without any threat, pressure and coercion as per Settlement Deed dated 16.05.2017. He further states that he has already received the part settlement amount of Rs.10,000/- from the petitioner and today he has received the balance amount of Rs.80,000/- from CRL.M.C. 2912/2017

the petitioner. He further states that he has no claim whatsoever remaining against the petitioner and does not wish to pursue the abovementioned FIR and the proceedings pursuant thereto. A photocopy of demand draft is taken on record.

Statements of the parties have been recorded separately. In view of the fact that the parties have amicably resolved their differences voluntarily and of their own free will and without any coercion, pressure, 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.268/2012 registered under Sections 337/304-A IPC at PS Malviya Nagar, New Delhi and proceedings pursuant thereto are hereby quashed.

The petition is disposed of.

SANGITA DHINGRA SEHGAL, J JULY 31, 2017 afa CRL.M.C. 2912/2017