Ankit Singh & ORS. v. State & ANR.
$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ANKIT SINGH & ORS.
..... Petitioners Through:
Mr.Shekhar Chand Jain, Advocate versus STATE & ANR.
..... Respondents Through:
Mr.Kamal Kumar Ghai, APP for State with SI Ajit Kumar, PS Sangam Vihar.
R-2 in person.
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
O R D E R
% The petitioners vide the present petition seek quashing of FIR No.618/2017 PS Sangam Vihar, registered under Sections 323/341/452/506/34 of the Indian Penal Code, 1860 submitting to the effect that a settlement has been arrived at between the parties and that no useful purpose would be served by the continuation of the proceedings in the FIR in question.
The Investigating Officer of the case is present and has identified the petitioners No. 1 to 5, namely, Ankit Singh, Ravi Yadav, Rohit Yadav, Vikram Sharma and Jitender Kumar as being the accused arrayed in FIR No.618/2017 PS Sangam Vihar, registered under Sections 323/341/452/506/34 of the Indian Penal Code, 1860 present in the Court today and has also identified the respondent No.2 present in the Court today as being the complainant of
the said FIR.
The respondent No.2 in his deposition on oath has brought his original proof of identity, i.e., Aadhar Card, the photocopy of the same is EX.CW-2/A and has affirmed having signed his affidavit in support of the petition bearing his signatures at points A & B on EX.CW-2/B and the settlement arrived at between him and the petitioners at the Mediation Centre, Saket Courts dated 26.2.2019 bearing his signatures at point A on EX.CW-2/C voluntarily of his own accord without any duress, pressure or coercion from any quarter. The respondent No.2 in his statement on oath further deposed that the FIR No. 284/2017, PS Sangam Vihar registered under Sections 323/341/34 of the Indian Penal Code, 1860 in which the proceedings have since culminated vide order dated 26.2.
2019 with the compounding of the offences punishable under Section 323/341/34 of the Indian Penal Code, 1860 of the learned Metropolitan Magistrate-04 has since been closed. The respondent No.2 further states that he thus does not oppose the prayer made by the petitioners seeking quashing of the FIR No.618/2017 PS Sangam Vihar, registered under Sections 323/341/452/506/34 of the Indian Penal Code, 1860, nor does he want the petitioners to be punished in relation thereto. The respondent No.2 further deposed that in as much as the petitioners No.1 to 5 are living in the same locality where he has been living and petitioners are his neighbours and that there are now no problems between him and the petitioners after the registration of the FIR in question.
of the statement made by him and he has so stated voluntarily of his own accord without any duress, pressure or coercion from any quarter.
There is no opposition on behalf of the State in view of the settlement arrived at between the parties and the statement made by the respondent No.2.
There appears no reason to disbelieve the statement made by the respondent No.2 that he has arrived at a settlement with the petitioners No.1 to 5 voluntarily of his own accord without any duress, pressure or coercion from any quarter coupled with the factum that in the cross case against the respondent No.2, with the accused person having been acquitted vide order dated 26.2.2019 of the learned Metropolitan Magistrate-04, South District, Saket Courts, it is considered appropriate to the put a quietus to the litigation between the parties for the maintenance of peace and harmony between them, the FIR No.618/2017 PS Sangam Vihar, registered under Sections 323/341/452/506/34 of the Indian Penal Code, 1860, and all proceedings emanating therefrom are thus quashed. The petition is disposed of.
ANU MALHOTRA, J FEBRUARY 10, 2020/SV
Item No. 49 ANKIT SINGH & ORS V. STATE & ANR.
CW-1 SI AJIT KUMAR PS SANGAM VIHAR ON S.A.
I identify the petitioners No. 1 to 5, namely, Ankit Singh, Ravi Yadav, Rohit Yadav, Vikram Sharma and Jitender Kumar as being the accused arrayed in FIR No.618/2017 PS Sangam Vihar, registered under Sections 323/341/452/506/34 of the Indian Penal Code, 1860 present in the Court today. I also identify the respondent No.2 present in the Court today as being the complainant of the said FIR.
ANU MALHOTRA, J.
RO & AC
Item No. 49 ANKIT SINGH & ORS V. STATE & ANR.
CW-2 MOHD. AKIB KHAN S/O MOHD. SABIR R/O H. No.1354/19/16, K-BLOCK, SANGAM VIHAR, NEW DELHI. AGED 33 YEARS. ON S.A.
I have brought my original proof of identity, i.e., Aadhar Card, the photocopy of the same is EX.CW-2/A.
My affidavit in support of the petition bears my signatures at points A & B, the same is EX.CW-2/B. A settlement has since been arrived between me and the petitioners at the Mediation Centre, Saket Courts dated 26.2.2019 and the said settlement document bears my signatures at point A on EX.CW-2/C. I have signed these documents voluntarily of my own accord without any duress, pressure or coercion from any quarter. In as much as the petitioners No.1 to 5 are living in the same locality where I have been living and are my neighbours. There are now no problems between me and the petitioners after the registration of the FIR and in view of the settlement arrived at between me and the petitioners, I do not oppose the prayer made by the petitioners seeking quashing of the FIR No.
618/2017 PS Sangam Vihar, registered under Sections 323/341/452/506/34 of the Indian Penal Code, 1860 , nor do I want the petitioners to be punished in relation thereto. The FIR No. 284/2017, PS Sangam Vihar registered under Sections 323/341/34 of the Indian Penal Code, 1860, in which the settlement was arrived at, i.e., the EX.CW-2/C against me which was lodged on the complaint of the Rohit Yadav, the Petitioner No.
been compounded.
I am presently pursuing my graduation and I have understood the implications of the statement made by me. I have so stated voluntarily of my own accord without any duress, pressure or coercion from any quarter. ANU MALHOTRA, J.
RO & AC