Krishan Khatri & ORS v. State & ORS

24# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2825/2017 KRISHAN KHATRI & ORS ..... Petitioners Represented by:

Mr. Ashok K. Verma, Advocate with petitioners in person.

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

Mr. R.S. Kundu, Additional Standing Counsel for State with Ms. Suman Saharan and Mr.

Bhagat Singh, Advocates with SI Nakul, PS Bhalswa Dairy.

Respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 19.09.2018 By the present petition, petitioners seek quashing of FIR No. 51/2017 under Sections 356/379/34 IPC registered at PS Bhalswa Dairy, 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 three petitioners are the only accused and the respondent No. 2 the complainant/ victim. He further states that though respondent No.3 is the owner of the vehicle, that is, the truck which was driven by respondent No. 2 and has been impleaded as a party however, he has no role in the FIR in question for W.P.(CRL) 2825/2017

the reason no offence qua the truck took place nor was the same damaged. Respondent No. 2 is present in Court and is identified by the Investigating Officer. He states that he has settled the matter with the petitioners and in terms of the settlement he does 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 affirm the statement of respondent No.2 and assure that no such mistake will be committed in future. To show remorse the petitioners undertake to deposit some 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, 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. 51/2017 under Sections 356/379/34 IPC registered at PS Bhalswa Dairy, Delhi and proceedings pursuant thereto are hereby quashed subject to the petitioners depositing a consolidated cost of ₹10,000/- with the Juvenile Justice Fund maintained by the Registrar General of this Court within two 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.

SEPTEMBER 19, 2018/'vn'

W.P.(CRL) 2825/2017