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High Court of DelhiW.P.(CRL)/258/2020

Jitender Kumar & ORS. v. State & ORS.

2020-01-28Hon'Ble Mr. Justice Vibhu Bakhru3 pages

$~79 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 258/2020 JITENDER KUMAR & ORS.

..... Petitioners Through:

Mr Jitender Kumar, Mr Pankaj and Mr Ravinder Kumar, Advocates.

versus STATE & ORS.

..... Respondents Through:

Mr Sanjay Lao, ASC with Mr Karanjeet Sharma, Advocate for State with SI Ashish Negi, PS Jyoti Nagar.

Mr Praveen Kumar Duhan, Advocate for R-2 to R-4.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 28.01.2020 1.

The petitioners have filed the present petition, inter alia, praying that FIR No.0132/2017 under Section 354/354(B)/323/34 of the IPC registered with PS Jyoti Nagar and all proceedings emanating therefrom, be quashed. 2.

The said FIR was registered at the instance of respondent no.2. Respondent no.2 is present in the Court and is identified by the Investigating Officer.

Certain allegations were also made by respondent nos. 3 and 4 against the petitioners. Respondent nos.3 and 4 are also present in the Court and are identified by the Investigating Officer. 3.

Respondent nos. 2, 3 and 4 state that they have no grievances against the petitioners and have resolved all their disputes with them. It is stated that

a scuffle had broken out between the respondents and their family members on one part and the petitioners on the other. Respondent no.2 states that the said FIR was lodged in view of the said scuffle. 4.

They state that they have resolved all their disputes as neighbours and a Settlement Deed to the said effect has also been placed on record. They join the petitioners in praying that the FIR in question be quashed. 5.

The petitioners are present in the Court and are identified by their counsel. They state that they have no grievances against respondent nos. 2 to 4 and pray that the FIR in question be quashed. They undertake to this Court that they shall ensure that their conduct is always be respectful towards women. The petitioners volunteer to deposit a sum of ₹10,000/- each, with the Delhi Police Martyrs' Fund within a period of two weeks from today.

6.

In view of the statements/undertaking made by the concerned parties (petitioners and respondent nos.2 to 4), this Court considers it apposite to allow the present petition.

7.

Accordingly, FIR No.0132/2017 under Sections 354/354(B)/323/34 of the IPC registered with PS Jyoti Nagar and all proceedings emanating therefrom, are quashed. This is subject to the petitioners depositing ₹10,000/- each, with the Delhi Police Martyrs' Fund and filing the proof of the same with the Registry of this Court with a period of two weeks from today.

8.

The concerned parties (petitioners and respondent nos.2 to 4) shall sign this order as an acknowledgment of the statements recorded herein.

9.

Order dasti under signatures of the Court Master. VIBHU BAKHRU, J JANUARY 28, 2020 MK