Allowed

Yogesh Kumar & Anr. v. the State & Ors.

Delhi HC17 May 2018W.P.(CRL)/1537/2018

Case brief

AI extract

What is this about?

In this criminal matter, the Delhi High Court quashed an FIR registered under Sections 307 308 and 34 IPC based on the holistic settlement of all disputes between the parties. The court found no useful purpose in continuing proceedings after the petitioners compensated the victims and settled marital discord without coercion, allowing the petition subject to exceptions.

What did the court decide?

Quashing of FIR No. 110/2018 under Sections 307/308/34 IPC and proceedings pursuant thereto.

Yogesh Kumar & Anr. Vs the State & Ors. — Quashing and FIR | Delhi HC (2018)

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$~16

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(CRL) 1537/2018 YOGESH KUMAR & ANR ..... Petitioners Represented by: Mr.Digpal Singh and Mr.Raj Kumar, Advocates

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versus

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THE STATE & ORS ..... Respondents Represented by: Mr.Sanjay Lao, ASC with Mr.Siddharth Sindhu, Advocate for the State and SI Sunil Chandra, PS Moti Nagar Ms.Puja Jain and Mr.Navit Bansal, Advocates for R-2 and R-3

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CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 17.05.2018

Crl.M.A.No.9417/2018

Allowed subject to just exceptions.

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W.P.(Crl.) No.1537/2018

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By the present petition, the petitioners seek quashing of FIR No.110/2018 under Sections 307/308/34 IPC registered at PS Moti Nagar on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.

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Learned Additional Standing Counsel for the State on instructions submits that in the above noted FIR the two petitioners are the only accused W.P.(CRL) 1537/2018 page 1 of 3

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and respondent No.2 the complainant/victim and respondent No.3 who is a minor the other victim. Learned Additional Standing Counsel for the State further states that the quarrel took place between the parties when respondent No.2 along with respondent No.3 and others went for the settlement of the disputes between his sister-in-law who is married to the petitioner No.1. He states that now parties have holistically settled all the disputes. Respondent No.3 and Naresh Kumar, father of respondent No.3 are present in Court besides respondent No.2 and are identified by the learned counsel. They state that the parties have arrived at a settlement. The petitioners have paid compensation to the respondent No.3 for the injuries caused and since the parties have holistically settled the matter settling the marital discord between petitioner No.1 and his wife they do not wish to pursue the above noted FIR and the proceedings pursuant thereto. They state that they would abide by the terms of settlement

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Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and father of respondent No.3 and undertake to abide by the terms of settlement arrived at between the parties.

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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, 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.

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W.P.(CRL) 1537/2018

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page 2 of 3

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Consequently, FIR No.110/2018 under Sections 307/308/34 IPC registered at PS Moti Nagar and proceedings pursuant thereto are hereby quashed.

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Petitioners, respondent No.2 and father of respondent No.3 have signed this order sheet in acknowledgment of their statements made before this Court.

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Petition is disposed of. Order dasti.

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MUKTA GUPTA, J.

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MAY 17, 2018 mamta

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page 3 of 3

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W.P.(CRL) 1537/2018

Yogesh Kumar & Anr. v. the State & Ors.

Case brief

What is this about?

What did the court decide?

Yogesh Kumar & Anr. v. the State & Ors.

Case brief

What is this about?

What did the court decide?

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