Chetan Kumar & ORS v. State (NCT Of Delhi) & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 47/2018 CHETAN KUMAR & ORS ..... Petitioners Through :

Mr Vivek Sharma, Advocate.

versus STATE (NCT OF DELHI) & ORS ..... Respondents Through :

Mr Saurabh Mehra, Advocate for R-2 to 4.

Mr Mukesh Kumar, APP.

SI Rahul Sagar, PS Seema Puri.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 11.05.2018 1.

Petitioners seek quashing of FIR No.258/2011 under Sections 323/326/34 IPC, Police Station Seemapuri, based on a Settlement. 2.

The subject FIR was registered consequent to a quarrel which took place between the persons of the same locality with regard to driving of a motor cycle.

3.

Parties are resident of the same locality and neighbours. 4.

With the intervention of the respectable elder members of the locality, the parties have amicably settled their disputes. Compromise Deed dated 01.11.2017 has been executed between the parties. 4.

The Settlement records that the dispute occurred on the spur of

the moment and with the intervention of the respectable elder members of the Society, the parties have agreed to amicably settled their disputes with a view to restore peace and harmony between them. The petitioners have also regretted their conduct. 5.

Respondent Nos.2 to 4 are present in Court in person, are also represented by counsel and identified by the Investigating Officer. They confirm that they have arrived at a Settlement with a view to maintain peace and harmony in the locality and further submits that they do not wish to press their complaint any further. 6.

In view of the above and keeping in view of the fact that the parties have resolved their dispute with the intervention of respectable members of the Society with a view to restore peace and harmony between them and Compromise Deed dated 01.11.2017 has been executed between the parties, and further they do not wish to press charges against each other, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor. It would be expedient to quash the subject FIR and the consequent proceedings emanating therefrom.

7.

Accordingly, FIR No.258/2011 under Sections 323/326/34 IPC, Police Station Seemapuri, and the consequent proceedings emanating therefrom are hereby quashed, subject to the petitioners depositing costs of Rs.5,000/- each, which shall be paid to the "Delhi High Court

Advocates Welfare Trust" within a period of two weeks from today. Receipt of deposit of the costs imposed by this Order be furnished to the concerned Investigating Officer within a period of three weeks from today.

8.

Order Dasti under signatures of Court Master. SANJEEV SACHDEVA, J MAY 11, 2018 'Sn'