Rajesh Kumar & ORS v. The State NCT Of Delhi & ANR

3# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2624/2017 and Crl. M.A. No. 15132/2017 (Stay) RAJESH KUMAR & ORS ..... Petitioners Represented by:

Mr. Sumit Goswami, Advocate with petitioners in person.

versus THE STATE NCT OF DELHI & ANR ..... Respondents Represented by:

Ms. Richa Kapoor, Additional Standing Counsel for State with SI Ajay Kumar, PS Bawana, Delhi.

Respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 29.11.2017 By the present petition the petitioners seek quashing of FIR No. 210/2011 under Sections 323/341/506/34 IPC registered at PS Bawana, Delhi 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 eight petitioners are the only accused and the respondent No.2 is the complainant/victim. Respondent No. 2 is present in Court and is identified by the Investigating Officer. He states he has settled the matter with the petitioners as per the Settlement dated 26th October, 2016. He also states that for the medical expenses of the injuries cause to him, the petitioners have to pay a sum of ₹56,000/- to him out of which ₹40,000/- has already been paid and the balance W.P.(CRL) 2624/2017

amount of ₹16,000/- has been paid to him today in Court. He states that in terms of the settlement he does not wish to pursue the above-noted FIR and the proceedings pursuant thereto.

The petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and state that they will abide by the terms of the settlement arrived at between the parties. They also state that to show remorse they are willing to deposit some 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, 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.

210/2011 under Sections 323/341/506/34 IPC registered at PS Bawana, Delhi and proceedings pursuant thereto are hereby quashed subject to the petitioners depositing a total sum of ₹16,000/- with the Delhi High Legal Services Committee within two weeks. Parties have signed this order sheet in acknowledgment of their statements made before this Court.

Petition and application are disposed of. Order dasti. MUKTA GUPTA, J.

NOVEMBER 29, 2017/'vn'

W.P.(CRL) 2624/2017