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High Court of DelhiW.P.(CRL)/2625/2017

Abdul Ahad & ANR v. State & ANR

2018-04-27Hon'Ble Ms. Justice Mukta Gupta2 pages

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2625/2017 ABDUL AHAD & ANR ..... Petitioner Represented by:

Mr. C.M. Sharma, Advocate.

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

Mr. Jamal Akhtar, Advocate for Mr. Rahul Mehra, Standing Counsel for the State with SI Ravinder Chander, PS Zafrabad.

Mr. R.S. Rana, Advocate for complainant.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 27.04.2018 By the present petition the petitioners seek quashing of FIR No. 333/2015 under Sections 420/34 IPC IPC registered at PS Zafrabad, Delhi 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 Standing Counsel for the State on instructions 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 who is present in Court and is identified by the learned counsel and Investigating Officer states that he has settled the matter with the petitioners. In terms of settlement the petitioner has transferred a shop bearing No. C-3/42 Yamuna Vihar, Delhi in the name of Moonis and W.P.(CRL) 2625/2017

the balance amount has also been returned. He states that in view of the settlement arrived at between the parties he does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. 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 the parties. 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. 333/2015 under Sections 420/34 IPC IPC registered at PS Zafrabad, 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.

APRIL 27, 2018 'yo'

W.P.(CRL) 2625/2017