Jasbir Singh & Ors. v. State & Anr.

Delhi High Court · 08 Dec 2016 · 2016:DHC:9155
A. K. Pathak
W.P.(CRL)3149/2016
2016:DHC:9155
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 308/34 IPC following an amicable settlement between the parties and the complainant's unwillingness to pursue the case.

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$-43 HIGH COURT OF DELHI
W.P.(CRL)3149/2016
JASBIR SINGH &ORS. Petitioners
Through: Mr. Pramod Kumar and Mr. Rupinder, Advs. along with petitioners in person.
VERSUS
STATE& ANR. Respondents ^ Through: Mr.Rajesh Mahajan,ASCforState.
JUDGMENT

4 Mr. Nishant Sharma, Adv. for R-2 along with R-2 in person. CORAM: HON'BLE MR.JUSTICE A.K.PATHAK ORDER % 08.12.20id On the complaint ofrespondent no.2, FIR No.463/16 under Sections 308/34IPC was registered at police station Dabri againstthe petitioners. It is noted that on the complaint ofpetitioner no.l-Jasbir Singh, FIR No.446/16 under Sections 279/337IPC was registered against Pankaj Seth, j brother ofrespondent no.2 herein. In the said case, petitioner No.l alleged that while he was going on his scooty bearing no. DL-8SBQ-0374 along with his brother-in-law Gurmeet Singh@ Montu(petitioner no.2)and when they reached near Khanna Hospital at about 11:15 pm one unknown vehicle hit their scooty resulting injuries to him. During the investigation, it was revealed that Pankaj Seth, brother ofrespondent no.2, was driving the car. 2016:DHC:9155 / Injuries ofpetitioner no.l were opined as simple injuries. Petitioners and respondent no.2 are known to each other. With the intervention oftheir common friends and other family members,petitioners and respondent no.2 have settled their disputes amicably vide Memorandum ofUnderstanding dated 6"" June,2016. Respondent no.2 is present in Court and submits that he has settled the matter with the petitioners ofhis own free will and without any pressure, force or coercion. He submits that he is not willing to pursue the FIR any further and the same may be quashed. It is noted that FIR No.446/16,registered on the complaint ofpetitioner no.l has also been quashed today in W.P.(Crl.)2998/2016. Keeping in mind the above facts, FIR No. 463/16 under Sections 308/34 IPG registered at police station Dabri, which is at the investigation stage,is quashed. Writ petition is disposed ofin the above terms. A.K.TATHAK,J. DECEMBER 08,2016 ga