Md Parvez & ORS v. State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2990/2017 MD PARVEZ & ORS ..... Petitioners Through:

Ms.

Prabha Sharma, Adv.

with petitioners in person.

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

Mr. G.M. Farooqui, APP for State with SI Jaywant, P.S. Kalyan Puri.

Mr. Vinay Kumar and Mr. Sachet Sharma, Advs. for R-2 with R-2 in person.

Mr. Babu Lal, Respondent no. 3 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. 866/2014 under Sections 308/34 IPC registered at police station Kalyan Puri on the complaint of respondent no.2 may be quashed.

Deed of Settlement/Compromise has been annexed as Annexure A-2.

Learned APP submits that besides respondent no.2 one Babu Lal had also sustained injuries but he has not been made party in this petition. On the oral prayer made by the learned counsel for the petitioners, Babu Lal, who is present in Court, is impleaded as respondent no. 3. Amended memo

of parties be filed during course of the day. Respondent nos. 2 and 3 are present in Court and have been identified by SI Jaywant of police station Kalyan Puri. They admit having settled the matter with the petitioners of their own free will and without any undue force, pressure or coercion. It is noted that Deed of Settlement/ Compromise has also been signed by Babu Lal (respondent no. 3) besides respondent no.2. Respondent nos. 2 and 3 submit that they have no objection in quashing of the FIR.

Keeping in mind that a settlement has been arrived at between the petitioners and private respondents, inasmuch as, respondent nos. 2 and 3 are not willing to pursue the FIR any further, in the interest of justice, FIR No. 866/2014 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