Manish @ Monu & ORS v. The State Govt Of NCT Of Delhi & ORS

$~68 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5170/2017 MANISH @ MONU & ORS ..... Petitioners Through:

Mr.A.K.Pandey, Advocate with Petitioners in person.

versus THE STATE GOVT OF NCT OF DELHI & ORS ..... Respondents Through:

Mr.Mukesh Kumar, APP for State / respondent No.1 with ASI Devender Kr from PS-Uttam Nagar.

Mr.M.K.Singh, Adv. with R-2 with R-2 in person.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 13.12.2017 Crl. M.A.No.20363/2017 (exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.

CRL.M.C. 5170/2017 The instant petition has been filed by the petitioners seeking quashing of FIR No.880/2016 for the offences punishable under Section 308/34 of Indian Penal Code, 1860 (in short „IPC‟) registered at PS-Uttam Nagar, Delhi on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that a compromise/settlement dated 08.11.2017 has been arrived at between the parties in the matter. CRL.M.C. 5170/2017

Respondent No. 2 is present in Court today and is identified by the Investigating Officer. He states that he has settled the matter with the petitioners of free will and choice without any threat, pressure and coercion, as per terms and conditions of the Compromise Agreement dated 08.11.2017. As per said Settlement, the petitioner was required to pay a sum of ₹30,000/- in cash to the respondent No. 2 at the time of quashing the FIR. He states that he has no claim whatsoever remaining against the petitioner and does not wish to pursue the abovementioned FIR and the proceedings pursuant thereto. Statements of the parties have been recorded separately.

In view of the fact that the parties have amicably resolved their differences voluntarily and of their own free will and without any coercion, pressure, 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.880/2016 for the offences punishable under Section 308/34 of Indian Penal Code, 1860 (in short „IPC‟) registered at PS-Uttam Nagar, Delhi and proceedings pursuant thereto are hereby quashed.

The petition is disposed of.

SANGITA DHINGRA SEHGAL, J DECEMBER 13, 2017/ssc CRL.M.C. 5170/2017