High CourtsSingle Bench(2016) 07 DEL CK 0136

M.D. Asgar vs State (NCT of Delhi)

Delhi High Court · Decided on 13 July 2016 · Citation: (2016) 3 JCC 2149

HON’BLE JUDGES
Ms. Mukta Gupta, J.
RESULT
Disposed Off
CASE NUMBER
Writ Petition (Crl) No. 1555 of 2016

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Judgment

10 paragraphs · 291 words

Ms. Mukta Gupta, J.—Crl. M.A. No. 8077/2016 (Exemption)

Allowed, subject to all just exceptions.

W.P.(CRL) 1555/2016

By this petition, the petitioners seeks quashing of FIR No. 374/2015 under Sections 308/34 IPC registered at PS Dwarka, South, Delhi on the complaint of respondent No.2 on the ground that the parties have settled the matter.

2.

Learned Additional Standing Counsel for the State on instructions from the Investigating Officer submits that the there are only three accused persons in the FIR who are the petitioners before this Court and respondent No. 2 Surender Kumar is the only complainant/victim.

3.

Petitioners and the Respondent No. 2 are present in Court and are identified by their respective counsels. Respondent No. 2 states that he has settled the matter with the petitioners and in terms of the settlement arrived at between the parties he does not want to pursue the above mentioned FIR and the proceedings pursuant thereto.

4.

In view of the fact that the parties have settled the matter of their own free will, volition and without any coercion and no fruitful 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 above mentioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.

5.

Consequently, FIR No. 374/2015 under Sections 308/34 IPC registered at PS Dwarka, South, Delhi and proceedings pursuant thereto are hereby quashed subject to the petitioners depositing Rs.10,000/- each with the Delhi High Court Legal Services Committee within two weeks.

6.

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

7.

The petition is disposed of. Order dasti.