Sakeel Ahamd & ORS v. State Of NCT Of Delhi & ORS

$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2335/2017 SAKEEL AHAMD & ORS ... Petitioners Represented by:

Mr.Mr.Yogesh Swaroop with Ms.Prabha Goswami, Advocates versus STATE OF NCT OF DELHI & ORS ... Respondents Represented by:

Ms.Iti Pandey for Ms.Nandita Rao, ASC for the State Mr.Alok K.Palai, proxy counsel for Mr.Kapil K.Kaushik, advocates for the complainant SI Shashi Kant, PS Seemapuri

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 22.01.2018 By the present petition the petitioners seek quashing of FIR No.424/2017 under Section 427/308/34 IPC registered at PS Seemapuri on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned proxy counsel for learned Additional Standing Counsel for the State on instructions from Investigating Officer submits that in the above-noted FIR three petitioners are the only accused and respondent No.2 the complainant/victim besides the respondent No.3 to 5, the other victims. Respondent No.2 to 5 are present in Court and are identified by the Investigating Officer. They state that they have settled the matter with the petitioners, who are their neighbour, vide compromise deed dated 23rd July, W.P.(CRL) 2335/2017

2017 copy whereof has been place as Annexure-4 to the present petition. They state that in view of the compromise arrived at between the parties, they do not wish to pursue the above-noted FIR and the proceedings pursuant thereto. Petitioners, who are present in Court and are identified by the learned counsel, undertake to abide by the terms of the compromise deed dated 23rd July, 2017 and to show remorse they undertake to deposit costs also. 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, 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.424/2017 under Section 427/308/34 IPC registered at PS Seemapuri and proceedings pursuant thereto are hereby quashed subject to the petitioners abiding by their undertaking of depositing a sum of ₹10,000/- with the Advocates' Welfare Fund maintained by Bar Council of Delhi within four weeks. Receipt of the deposit be placed on record.

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

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

JANUARY 22, 2018 'rk'

W.P.(CRL) 2335/2017