Munna @ Abu Talib & ANR v. The State Govt Of NCT Of Delhi & ANR
7# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + MUNNA @ ABU TALIB & ANR ..... Petitioners Represented by:
Mr. Arvind Nagar, Advocate with petitioners in person.
versus THE STATE GOVT OF NCT OF DELHI & ANR..... Respondents Represented by:
Mr. Piyush Singhal, Advocate for Mr. Ashish Agarwal, Additional Standing Counsel for State with SI Aaditya Sharma, PS Krishna Nagar.
Mr. Ashwani Tyagi, Advocate for respondent No.2
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
O R D E R
% 04.01.2018 Crl. M.A. No. 20959/2017 (Exemption) Allowed, subject to all just exceptions.
By the present petition the petitioners seek quashing of FIR No. 163/2016 under Sections 307/34 IPC registered at PS Krishna Nagar, 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 Additional Standing Counsel for the State on instructions from Investigating Officer submits that in the above-noted FIR the two petitioners are the only accused and the respondent
No.2 the only complainant/victim.
Respondent No. 2 is present in Court and is identified by the learned counsel and the Investigating Officer. He states that he has settled the matter with the petitioners, who are his neighbours, vide compromise deed dated 25th May, 2016, copy whereof is annexed as Annexure-P2 to the present petition. He further states that in terms of the settlement he does not wish to pursue the above-noted FIR and the proceedings pursuant thereto. The 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 misbehaviour will take place in future and they will abide by the terms of settlement arrived at between the parties vide Compromise Deed dated 25th May, 2016. Petitioners also state that to show remorse they are willing to deposit some cost.
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. 163/2016 under Sections 307/34 IPC registered at PS Krishna Nagar, Delhi and proceedings pursuant thereto are hereby quashed subject to the petitioners depositing a total sum of ₹10,000/- each with the Juvenile Justice Fund maintained by the Registrar General of this Court within four 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.
JANUARY 04, 2018 'vn'