Sharafat v. State & Ors

1. Case under Section 308/34 Indian Penal Code, 1860 was registered vide FIR No.S0/2011 on 29.01.2011 at police station jamia Nagar, New Delhi against the petitioner on the complaint of respondent No.2.

2. Learned APP for the state submits that charge-sheet is almost ready, but yet not filed in the Court.

3. Learned counsel for the petitioner submits that respondent No.3 injured, Khan Sharjeel is personally present with respondent CRL.M.C. 2448/2011 Page 1 of[3] 2011:DHC:11501 2--- No.2 Ms.Naureen Salim, complainant in present case and both of them have settled all the disputes qua the aforesaid FIR with the petitioner. He further submits that respondent Nos.[2] & 3 do not wish to further pursue the present case.

4. Respondent No.2 who is complainant and respondent No.3 is injured in present case have been duly identified by the 10/ASI Ombir Singh, police station Jamia Nagar, New Delhi. Both the complainant and injured join together and stated that with the intervention of the friends and community members, they have settled all the disputes with the petitioner and they have no objection if the present FIR is quashed.

5. Since the matter has already been settled and respondent Nos.[2] & 3 do not wish to further pursue the present case, and both of them stated before this Court that they have no objection if the FIR is quashed.

6. In the interest of justice and keeping in view the settlement and the age of the petitioner who is a 1st year student of B.Com, I quash the FIR No.S0/2011 under Section 308/34 Indian Penal Code, 1860 registered at police station jamia Nagar, New Delhi and the proceedings arising out of it.

7. Though, the Government machinery has been used, but as the petitioner is a student of 1st year B.Com, I therefore, defer in imposing the costs. CRL.M.C. 2448/2011 Page 2 of[3] ·:·!

8. In view of above, Criminal M.C. No.2448/2011 is allowed.

AUGUST 01, 2011 Mk CRL.M.C. 2448/2011 SURESH KAIT,j Page 3 of[3]