Hira Lal & ANR. v. State & ORS.

$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 506/2020 HIRA LAL & ANR.

..... Petitioners Through:

Mr.Karamveer Singh and Mr.Naveen Kumar, Advocates with the petitioners in person.

versus STATE & ORS.

..... Respondents Through:

Mr.Mukesh Kumar, APP for State with Respondents No.2 & 3 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 30.01.2020 1.

The present proceedings are instituted seeking quashing of FIR No. 0233/2018, registered under Sections 323/324/452/34 IPC at Police Station Ambedkar Nagar, New Delhi on the ground of settlement having been arrived at between the petitioners and respondents No. 2 & 3. 2.

The allegations in the present FIR relate to the dispute between the petitioners and respondents No.2 & 3 on the issue of removal of the erikshaw from the parking spot outside the house of respondents No.2 & 3 on 02.06.2018, which resulted into a quarrel between them and registration of FIR against the petitioners.

3.

Learned APP for the State, on instructions, submits that respondents No.2 & 3 are the only victims/complainants in the case and the petitioners

are the only accused, against whom charge-sheet has been filed. 4.

Learned counsel for the petitioners submits that with the intervention of elders and well-wishers, the petitioners and respondents No.2 & 3 have arrived at an amicable settlement of their dispute, which was reduced into writing with their own free will and consent of the parties in presence of the witnesses vide Memorandum of Understanding executed on 25.09.2019, which is placed on record as Annexure P-3. He furthers submits that in terms of the said settlement, respondents No.2 & 3 are now left with no claim or grievance whatsoever against the petitioners. 5.

The petitioners, present in person, have been identified by their counsel, whereas respondents No.2 & 3, present in person, have been identified by the Investigating Officer. The petitioners have shown remorse for their conduct and have undertaken not to repeat the same in future. 6.

Respondents No.2 & 3, who are present in person, state that they have entered into the settlement with the petitioners out of their own free will, volition and without any undue force, pressure or coercion. They further state that they have no objection if the present FIR is quashed. 7.

Learned counsel for the petitioners submits that no other proceedings are pending between the parties.

8.

The parties shall remain bound by their statements made in Court today.

9.

In view of the settlement arrived at between the parties voluntarily, in my view, no useful purpose will be served in continuance of the present criminal proceedings. Accordingly, in the interest of justice, aforesaid FIR and the consequent proceedings emanating therefrom are quashed, subject to cost of Rs.5,000/- to be deposited by each of the petitioners with Delhi High

Court Legal Services Committee within a period of four weeks. Proof of deposit be filed in Court as well as with the Investigating Officer. 10.

With the above directions, the petition is disposed of. 11.

Copy of the order be given dasti to the learned counsels for the parties.

MANOJ KUMAR OHRI, J JANUARY 30, 2020 'dc'