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High Court of DelhiCRL.M.C./830/2020

Kamaljeet Singh Sethi & ANR v. Govt. Of NCT Of Delhi & ORS

2020-02-14Hon'Ble Mr. Justice Manoj Kumar Ohri3 pages

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI + KAMALJEET SINGH SETHI & ANR ..... Petitioners Through: Kartickay Mathur, Advocate with Mr.

Sanket Gupta & Mr. Shankar Kashyap, Advocates

Versus

GOVT. OF NCT OF DELHI & ORS ..... Respondents Through: Mr. Mukesh Kumar, APP for State with SI Sushil Malik, P.S. Naraina Respondent Nos. 2 & 3 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 14.02.2020 CRL.M.A. 3399/2020 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

The application stands disposed of.

1.

The present proceedings are instituted seeking quashing of FIR No. 106/2020 under Sections 392/34 IPC registered at Police Station Naraina, Delhi on the ground of settlement having been arrived at between the parties.

2.

The present FIR was registered by respondents No.2 & 3 pursuant to a feud that ensued between the petitioners and respondents No. 2 to 4, who are neighbours and reside in the same block. It was alleged that while the petitioners were standing at Loha Mandi after loading their vehicles, the petitioners came and started abusing the respondents and also snatched keys.

3.

Mr. Mukesh Kumar, 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 respondents No. 2 & 3 are the complainants/ victims. He, on instructions, submits that there are no other involvements and petitioners are 25 & 26 years of age.

4.

Learned counsel for the petitioners submits that the petitioners and respondents No.2 & 3 have entered into a settlement vide Memorandum of Understanding dated 05.02.2020. A copy of the same is annexed as Annexure P-2 with the petition. In terms of the settlement, respondents No. 2 & 3 are now left with no claim whatsoever against the petitioners. 5.

The petitioners, who are present in person, are identified by their counsel and the Investigating Officer. Respondents No.2, the driver of the vehicle and respondent No. 3, the owner of the vehicle are present in person, are also identified by the Investigating Officer. 6.

Respondents No.2 & 3 state that they have entered into the settlement with their own free will, volition and without any coercion. They further state that the petitioners have not repeated the same incident and that they have no objection if the present FIR and 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 and since 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 payment of costs of Rs.5,000/- each to be paid by the petitioners with the "Delhi High Court Legal Services Committee" within a period of two weeks. 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 14, 2020/p'ma