Rajender Singh @ Raju & ORS. v. The State Govt Of NCT Of Delhi & ORS.

$~71 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 221/2018 & Crl. M.A. 859/2018 RAJENDER SINGH @ RAJU & ORS.

..... Petitioners Through:

Mr. Mohan Kumar, Adv.

versus THE STATE GOVT OF NCT OF DELHI & ORS. ..... Respondents Through:

Mr. Mukesh Kumar, Addl. PP for the State with SI Amit Mr. N. Mukhi, Adv. for R-2 to 7

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 16.01.2018 Crl. M.A. 860/2018 (Exemption) Allowed, subject to all just exceptions.

1.

The petitioners seek quashing of FIR No. 1071 of 2015 under Sections 147/148/149/323/308/427/452 of IPC Police Station Sultan Puri, Delhi. It is contended that the petitioners and the complainants are related to each other being the descendants from a common ancestor. They are also neighbours. On Account of an altercation the subject incident is stated to have happened.

2.

With the intervention of elders in the family, seniors and respectable local members of the neighbourhood, the parties have settled their disputes. The petitioners have also compensated the

respondents for the expenses incurred towards their treatment. A sum of Rs. 3,50,000/- has already been paid. A sum of Rs. 50,000/- in the form of a demand draft/bankers cheque being No. 413368 dated 12.01.2018 has been handed over to the private respondents/complainants in court.

3.

Respondent no. 2 to 7 are present in person alongwith their counsel and they have also been identified by the Investigating Officer. They submit that they have settled the disputes with the petitioners and do not wish to prosecute the criminal proceedings against the petitioners.

4.

In view of the above and the fact that the matter has fully and finally been settled between the parties and also the fact that respondents do not wish to prosecute the complaint any further, no fruitful purpose would be served in continuing the criminal proceedings. Further, it would be in the interest of justice that the dispute between the parties are put to an end and peace is restored. It would be expedient to quash the subject FIR and the consequent proceedings emanating therefrom.

5.

Learned Addl. PP for the State submits that the State machinery has been used and even the chargesheet has been filed and in case this Court exercise its discretionary power to quash the FIR the same should be subject to costs.

6.

In view of the above, the FIR No. 1071 of 2015 under Sections 147/148/149/323/308/427/452 of IPC Police Station Sultan Puri,

Delhi and consequent proceedings arising out of the same are quashed, subject to the petitioners' depositing a sum of Rs. 20,000/- with the "Prisoners Welfare Funds, Jail No. 14, Mandoli" Mangal Pandey Marg, Harsh Vihar, Village Mandoli, within a period of two weeks. The receipt of cost shall be furnished to the IO within a period of three weeks from today.

7.

Order dasti under signatures of the Court Master. SANJEEV SACHDEVA, J JANUARY 16, 2018 'rs'