.. 34. * IN THE HIGH COURT OF DELHI AT NEW DELHI , + CRL.M.C. 110/2011 and CrI.M.A. 486-488/2011 % 1. GARHAND ..... Petitioner Through: Mr. O.P. Sharma, Advocate with petitioner in person. versus STATE & ORS ..... Respondents Through: Mr. Navin Sharma, APP for the State Mr. Rakesh Sharma, Advocate with respondent No.2/complainant in person. CORAM: HON'BLE MS. JUSTICE HIMA KOHLI ORDER 17.01.2011 The present petition is filed by the petitioner under Article 227 of the Constitution of India read with Section 482 of the Cr.PC praying inter alia for quashing of FIR No.369/2006, lodged by the complainant against the petitioner under Section 308 IPC, registered with Police Station: Uttam Nagar, New Delhi, and all the proceedings arising therefrom. 2. Counsel for the petitioner states that in the night of l 05.05.2006, the petitioner and respondent No.2 had a quarrel over a petty amount of In the course of the quarrel, the petitioner hit a wooden hammer on the head of respondent No.2, who suffered CRL.M.C. 110/2011 Page No.1 of 3 Signing Date:16.08.2024 17:03:05 Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified 2---: grievous injuries and had to be admitted in the hospital for treatment. The FIR was lodged by the complainant on 6.5.2006. Counsel for the petitioner states that both, the petitioner a"nd respondent No.2, are neighbours hailing from the same district in Madhya Pradesh and immediately after the incident, the petitioner approached respondent No.2 with an apology and volunteered to compensate him by bearing all the expenses of the treatment undergone by him apart from paying a sum of in cash. He states that in view of the settlement arrived at between the parties, nothing further survives in the present 1 FIR, which may be quashed. 3. Counsel for respondent No.2 confirms lhe aforesaid position, on instructions from his client, and states that he has received the amount of expenses incurred by him towards his medical treatment apart from a sum of agreed to be paid by the petitioner to him. He further states that in view of settlement arrived at between them(Page lOS), he has no objection to the FIR being quashed. 4. Learned APP for the State submits that after completion of investigation, charge sheet has been filed and the matter is pending trial. However, in view of the settlement arrived at between the CRL.M.C. 110/2011 Page No.2 of 3 3 parties, he has no objection to the prayer made in the present petition being allowed. 5. This Court has heard counsels for the parties. In view of the submission made by respondent No.2 and in view of the fact that the parties have arrived at a settlement of their own free will and volition and undue influence or coercion from any '-" . without any quarter, no useful purpose will be served by proceeding further with the aforesaid FIR and the proceedings arising therefrom. 6. Accordingly, the prayer made in the petition is allowed. FIR No. 369/2006, lodged by complainant with Police Station: Uttam Nagar, New Delhi, and all proceedings arising therefrom are quashed. 7. The petition is disposed of alongwith the pending applications. File be consigned to the record room. JANUARY 17, 2011 rkb CRL.M.C. 110/2011 HIMA KOHLI,J Page No.3 of 3