Naeem & ANR v. The State & ANR

$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3415/2018 NAEEM & ANR ..... Petitioner Represented by:

Mr. Neeraj Thakur, Advocate.

versus THE STATE & ANR ..... Respondent Represented by:

Mr. Sanjay Lao, ASC with ASI Hari Shankar, PS New Usmanpur.

Mr. S.G. Goswami, Advocate for respondent.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 12.11.2018 Crl.M.A. No. 35825/2018 (Exemption) Allowed, subject to all just exceptions.

W.P.(CRL) 3415/2018 By the present petition the petitioners seek quashing of FIR No. 82/2018 under Sections 341/323/308/34 registered at PS New Usmanpur on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned Additional Standing Counsel for the State on instructions from Investigating Officer submits that in the above-noted FIR the two petitioners are the only accused and the respondent No. 2 is the only complainant/victim.

Respondent No. 2 is present in Court and is identified by the learned counsel and the Investigating Officer. He states that he has settled the matter with the petitioners vide the settlement deed dated 16th February, W.P.(CRL) 3415/2018

2018 copy whereof is annexed at pages 47 to 48 of the paper book, as the petitioners are his neighbours and he does not wish to pursue the abovenoted FIR and the proceedings pursuant thereto. He further undertakes to abide by the terms of settlement arrived at between the parties. Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and undertake to abide by the terms of settlement arrived at between. They undertake that no such misbehaviour will take place in future. To show remorse they undertake to deposit cost.

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.

Consequently, FIR No. 82/2018 under Sections 341/323/308/34 registered at PS New Usmanpur and proceedings pursuant thereto are hereby quashed subject to each of the petitioners depositing a cost of ₹5,000/- with the Juvenile Justice Fund maintained by the Registrar General of this Court within four weeks.

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

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

NOVEMBER 12, 2018/'yo'

W.P.(CRL) 3415/2018