Jeetu & ORS v. State & ORS

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2672/2017 JEETU & ORS ..... Petitioner Represented by:

Mr. Sarvesh Kumar, Adv.

versus STATE & ORS ..... Respondent Represented by:

Mr. Jamal Akhtar, proxy Adv.

for Mr. Rahul Mehra, Standing Counsel with Insp./SHO Om Prakash Sinha, SI Yogesh Kumar PS Timarpur.

Mr. R.K. Bachchan, Adv. for R-2.

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. 291/2017 under Sections 435 IPC registered at PS Timarpur, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto. Learned proxy counsel for the learned Standing Counsel for the State on instructions from Investigating Officer submits that in the above-noted FIR when the respondent No.2 found that his motorcycle has been burnt he suspected the 4 petitioners herein. In the meantime parties have settled the matter vide the compromise deed dated 1st July, 2017. Learned proxy counsel for the learned Standing Counsel on instructions further state that in the above-noted FIR so far only 4 petitioners are the accused and respondent W.P.(CRL) 2672/2017

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 compromise deed dated 1st July, 2017 copy whereof is annexed at pages 40 to 42 of the paper book and he does not wish to pursue the abovementioned 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. 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. 291/2017 under Sections 435 IPC registered at PS Timarpur, Delhi and proceedings pursuant thereto are hereby quashed. 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 29, 2017 'ga'

W.P.(CRL) 2672/2017