CRL.M.C./2383/2016 of SANJEEV @ BITTU & ORS Vs THE STATE (N.C.T OF DELHI) & ORS

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2383/2016

SANJEEV @ BITTU & ORS

..... Petitioner

Represented by: Mr. Anil Vyas, Mr. Manoj Kumar, Advs.

versus

THE STATE (N.C.T OF DELHI) & ORS

..... Respondent

Represented by: Ms. Rajni Gupta, APP with ASI Jaiveer Singh PS Khajuri Khas. R-2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R R05.12.2016

By the present petition the petitioners seek quashing of FIR No. 954/2015 under Sections 323/308/34 IPC registered at PS Khajuri Khas, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.

Learned APP for the State on instructions from Investigating Officer submits that in the above-noted FIR besides the two petitioners their father Charan Dass was also an accused who has since passed away. Further the respondent No.2 is the complainant/ victim and respondent No.3 his wife the other victim. She states that no other person is involved. CRL.M.C. 2383/2016 page 1 of 3

Respondent No. 2 and 3 are present in Court and are identified by the Investigating Officer. They state that they have settled the matter with the petitioners who are cousin brothers of respondent No.2 and do not wish to pursue the above-noted FIR and the proceedings pursuant thereto.

The petitioners who are present in Court affirm the statement of respondent No.2 and 3, tender their unqualified apology and assure that no such misbehaviour will take place in future. To show remorse the petitioners are willing to pay cost of ₹10,000/- each.

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. 954/2015 under Sections 323/308/34 IPC registered at PS Khajuri Khas, Delhi and proceedings pursuant thereto are hereby quashed subject to each of the petitioner depositing sum of ₹10,000/- with the Bar Council of Delhi Indigent and Disabled Lawyers Account within six weeks.

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

CRL.M.C. 2383/2016

The petition is disposed of. Order dasti.

DECEMBER 05, 2016 ‘ga’

CRL.M.C. 2383/2016

MUKTA GUPTA, J.