Krishan Pal & ORS. v. State & ANR.

$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 611/2020 KRISHAN PAL & ORS.

..... Petitioners Through: Mr. Mahkar Singh, Advocate alongwith petitioners in person.

Versus

STATE & ANR.

..... Respondents Through: Ms. Manjeet Arya, APP for State with SI Lalit Chauhan, P.S. Timar Pur Respondent Nos. 2 & 3 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 04.02.2020 1.

The present proceedings are instituted seeking quashing of FIR No. 111/2018 under Sections 323/324/34 IPC registered at Police Station Timarpur, Delhi on the ground that the parties have settled their disputes. 2.

As per the case of the prosecution, the present FIR has been filed by respondent No. 2 against the present petitioners who physically assaulted the respondents thereby causing injuries which were opined to be sharp on respondent No. 2 and simple on respondent No. 3. Petitioners No. 2 & 3 are the maternal uncles of respondent No. 2.

3.

Learned APP for the State submits that the charge sheet in the present case has been filed under the aforesaid sections against the petitioners and respondent Nos. 2 & 3 are the only complainants/victims. 4.

Learned counsels for the parties submit that the parties have entered into a settlement vide compromise deed dated 21.12.2019. A copy of the same is annexed with the petition. In terms of the settlement, respondent Nos. 2 & 3 is now left with no claim whatsoever against the petitioners. CRL.M.C. 611/2020

5.

The petitioners who are present in person, are identified by their counsel and the Investigating Officer. Respondent Nos. 2 & 3 who are present in person, are identified by the Investigating Officer. 6.

Respondent nos. 2 & 3 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 state that the petitioners have not repeated the said incident and further state that they have no objection if the present FIR and the consequent proceedings are quashed. 7.

Learned counsels for the parties submit that no other proceedings are pending between the parties.

8.

The parties are bound by the statements made in Court today. 9.

In view of the above and the fact that the parties have amicably settled their disputes, no useful purpose will be served in continuance of the criminal proceedings against the petitioners. It is accordingly directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed, subject to cost of ₹15,000/- to be paid by the petitioners to respondent Nos. 2 & 3 by way of demand draft through Investigating Officer within two weeks from today by the petitioner. Proof of deposit be filed in Court as well as with the I.O.

10.

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

Order dasti to the counsels for the parties.

MANOJ KUMAR OHRI, J FEBRUARY 04, 2020/p'ma CRL.M.C. 611/2020