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High Court of DelhiW.P.(CRL)/3038/2017

Ashish Sehrawat & ORS v. State (Govt Of NCT Of Delhi) & ORS

2018-01-16Hon'Ble Ms. Justice Indermeet Kaur2 pages

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3038/2017 & Crl.M.A.No.873/2018 ASHISH SEHRAWAT & ORS ..... Petitioners Through Mr.Ashish Sehrawat and Mr.Yudhishter Sharma, Advocates.

versus STATE (GOVT OF NCT OF DELHI) & ORS ..... Respondents Through Mr.R.S.Kundu, ASC for State with Mr.Bhagat Singh and Mr.Prem Sagar Pal, Advs.

SI Manish Yadav from P.S.Vasant Kunj (North).

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 16.01.2018 Petitioners are seeking quashing of the present FIR. FIR No.129/2017 has been registered under Sections 323/341/506/356/379/411 read with Section 34 of the IPC at police station Vasant Kunj (North) on the complaint of respondent no.2. Respondent no.3 has received injuries. There were simple injuries. The parties have now arrived at a settlement. The Memorandum of Understanding Ex.PA is placed on record. It has been signed by petitioner nos.1 to 3 as also by respondent nos.2 and 3. The other two

petitioners now impleaded are also present and they endorse the terms and conditions contained therein.

Record shows that the altercation had occurred inter se the parties at the time when the respective parties were at their Sports Jit Gym at Vasant Kunj. With the intervention of the neighbours and other senior members, the parties have now arrived at a settlement. They accordingly pray that the present FIR be quashed. To secure the ends of justice and noting the fact that the trial would only be an exercise in futility, this is a fit case where the prayer made in the petition should be granted.

Learned counsel for the State informs this Court that the investigation has progressed and the State has incurred expenditure in the investigation and if at all the prayer is granted, it should be subject to payment of cost. Thus while allowing the prayer made in the petition and quashing the present FIR i.e. FIR No.129/2017 registered under Sections 323/341/506/356/379/411 read with Section 34 of the IPC at police station Vasant Kunj (North) and all the proceedings emanating therefrom each of the five petitioners are burdened with costs of ₹2500/- each to be deposited with the Delhi High Courts Legal Services Committee.

Petition disposed of.

Order dasti under signatures of the Court Master. INDERMEET KAUR, J JANUARY 16, 2018 ndn