Dharam Singh & ORS v. State & ANR

$~39 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3002/2017 DHARAM SINGH & ORS ..... Petitioners Through:

Mr. Vinay Kumar and Mr. Sachit Sharma, Advs. with petitioners in person.

versus STATE & ANR ..... Respondents Through:

Ms. Manjeet Arya, APP for State with SI Jaywant, P.S. Kalyan Puri.

Ms. Prabha Sharma, Adv. for R-2 along with R-2 in person.

Mr.

Fazil F/o Mr.

Fardeen (Respondent no.

3), Mr.

Amil (Respondent no. 4) and Mr. Rizwan (Respondent no. 5) are present in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 03.08.2017 It is submitted that petitioners and respondent no.2 have settled their disputes amicably, therefore, FIR No. 867/2014 under Sections 308/34 IPC registered at police station Kalyan Puri on the complaint of respondent no.2 may be quashed. Settlement/Compromise Deed dated 24th May, 2017 has been annexed as Annexure P-2.

Learned APP submits that besides respondent no.2, Fardeen, Amil and Rizwan had also sustained injuries, however, they have not been made

parties in this petition. On the oral prayer made by the learned counsel for the petitioners, injured persons, namely, Fardeen, Amil and Rizwan, who are present in Court, are impleaded as respondent nos. 3 to 5. Fardeen is a minor and is being represented through his natural guardian, that is, his father, namely, Fazil. Amended memo of parties be filed during the course of the day.

Respondent nos. 2, 4 and 5, along with the father of respondent no. 3, are present in Court and have been identified by SI Jaywant of police station Kalyan Puri. All of them confirm having settled the matter with the petitioners of their own free will and without any undue force, pressure or coercion. Settlement/Compromise Deed dated 24th May, 2017 is placed on record. Respondent nos. 2 to 5 submit that they have no objection in case the FIR is quashed.

It is noted that on the complaint of petitioner no.1, cross-FIR No. 866/2014 under Sections 308/34 IPC was registered at police station Kalyan Puri against the respondent nos. 2, 4 and 5, which has been quashed vide order dated 3rd August, 2017 passed in Crl. M.C. 2990/2017. Keeping in mind that a settlement has been arrived at between the petitioners and private respondents, inasmuch as, respondent nos. 2 to 5 are not willing to pursue the FIR any further, in the interest of justice, FIR No.

867/2014 under Sections 308/34 IPC registered at police station Kalyan Puri and the consequent proceedings emanating therefrom are quashed. Petition is disposed of in the above terms.

A.K. PATHAK, J.

AUGUST 03, 2017 ga