Kishan Kumar v. The State Govt Of NCT Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 5393/2017 KISHAN KUMAR ..... Petitioner Through:

Mr. Mahesh Verma and Mr. S.P.S.

Chauhan, Advs.

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

Ms. Meenakshi Dahiya, APP with SI G.S. Gill, P.S. Rajouri Garden.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 20.12.2017 Learned APP submits that Ms. Neha, daughter of petitioner and respondent no.2, had also sustained injury in the incident. Accordingly, Ms. Neha is impleaded as respondent no. 3 in the array of parties. Since she is aged about 14 years she shall be represented through her mother, that is, respondent no.2. Amended memo of parties be filed during course of the day.

It is submitted that a quarrel took place between the petitioner and respondent no.2 on some trivial issue wherein petitioner assaulted the respondent nos. 2 and 3 by knife resulting injuries to them. Respondent no.2 sustained injury on her left cheek; whereas respondent no. 3 sustained injury on her finger.

Respondent nos. 2 and 3 are present in Court and have been identified by SI G.S. Gill of police station Rajouri Garden. Respondent nos.2 and 3 submit that they were discharged from the hospital on the same day after receiving necessary medical treatment. They further submit that they have settled the matter with the petitioner of their own free will and without any undue force, pressure or coercion. Respondent no.2 submits that petitioner has apologised her for his acts and she has pardoned him, therefore, she and her daughter do not wish to pursue the FIR any further and the same may be quashed in view of the settlement.

She further submits that petitioner is presently languishing in jail for the past 7 months. Keeping in view the settlement arrived at between the petitioner and private respondents voluntarily, in the interest of justice, FIR No. 300/2017 under Sections 324/326/341/506 IPC registered at police station Rajouri Garden and the consequent proceedings emanating therefrom are quashed. Petitioner be released from the jail, if not wanted in any other case. Petition is disposed of in the above terms.

Dasti.

A.K. PATHAK, J.

DECEMBER 20, 2017 ga