Mohd Shafi v. State (NCT Of Delhi) & ANR

32# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + MOHD SHAFI ..... Petitioner Represented by:

Mr. Sameer Chandra, Mr.

Tushar Chhabra and Mr. Naved Johar, Advocates.

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

Ms. Kamna Vohra, Additional Standing Counsel for State with SI Devender Antil and ASI Sanjeev, PS Lahori Gate.

Power of Attorney of Respondent No.2 in person.

Mr. M.M. Kashyap, Advocate for respondent Nos. 4 along with her husband in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 30.08.2018 By the present petition the petitioner seeks quashing of FIR No. 195/2016 under Sections 288/304A IPC registered at PS Lahori Gate, Delhi on the complaint of SI Devender, respondent No. 3 herein 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 the above-noted FIR was registered on the complaint of SI Devender on an information received qua the falling of

Mohd Arif, who was working as a construction labour on a project wherein the petitioner Mohd. Shafi was the contractor. While working Mohd. Arif was standing on a wooden plank, which broke and he fell down. She further states that Mohd. Arif is survived by two legal heirs, his wife namely Shakurn, respondent No.2 herein and his mother Ms. Khush Majidan, respondent No.4 herein. In terms of the settlement a sum of ₹4.50 lakhs was paid to Ms. Shakurn who has received the said amount and has now remarried and the balance amount of ₹5 lakhs has to be paid to Ms.Khush Majidan in terms of the holistic settlement arrived at between the parties before the Delhi High Court Mediation and Conciliation Centre on 31st May, 2018, copy whereof is at pages 54-59 of the paper book. Respondent No.

4 along with her husband is present in Court and is identified by the learned counsel and the Investigating Officer. She states that she has settled the matter with the petitioner. In terms of the settlement she has already received a sum of ₹3 lakhs and the balance amount of ₹2 lakhs has been paid to her today by way of Demand Draft bearing No. 786456 dated 29th August, 2018 drawn on IDBI Bank, Chandni Chowk, Delhi . She states that in terms of the settlement she does not wish to pursue the above-noted FIR and the proceedings pursuant thereto. Mr. Ishaq Hussain, power of attorney holder of Smt. Shakurn, wife of the deceased Mohd. Arif is present in Court. The power of attorney is enclosed at Annexur-A to the present petition at pages 60 -63 of the paper book. Ishaq Hussain is identified by the Investigating officer. On behalf of Ms.

Shakurn he states that she has settled the matter with the petitioner and received a sum of ₹4.

FIR and the proceedings pursuant thereto.

The petitioner who is present in Court and is identified by the learned counsel affirms the statement of respondent No.4 and the power of attorney holder of respondent No.2 and undertakes to abide by the terms of the 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, 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. 195/2016 under Sections 288/304A IPC registered at PS Lahori Gate, Delhi and proceedings pursuant thereto are hereby quashed subject to the petitioner.

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

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

AUGUST 30, 2018 'vn'