Sh. Manoj & ORS. v. State & ORS.

$~35 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1209/2020 SH. MANOJ & ORS.

..... Petitioners Through:

Mr. G.C.Rattan, Advocate with petitioners in person.

versus STATE & ORS.

..... Respondents Through:

Mr. Amit Ahlawat, APP for the State.

SI Shailender, P.S.Mukherjee Nagar.

Mr. Arun Kumar Rathi, Adv. for R-2 to 6.

CORAM:

HON'BLE MR. JUSTICE RAJNISH BHATNAGAR

O R D E R

% 03.03.2020 Crl. M.A.No. 4701/2020 (for exemption) Exemption allowed subject to just exceptions. The application stands disposed of.

CRL.M.C. 1209/2020 1.

This is a petition filed under Section 482 Cr.P.C. for quashing of FIR No.336/2017, under Sections 308/323/452/427/34 IPC, registered at Police Station- Mukherjee Nagar, Delhi, and all proceedings emanating therefrom.

2.

Issue notice.

Learned APP for the State accepts notice.

Counsel for respondent No.2 to 6 appears and accepts notice.

3.

The brief facts of the case are that on 14.5.2017 an altercation took place between the petitioners and respondent nos. 2 to 6 on the issue of motorcycle parking, wherein all of them suffered injuries. Accordingly the above said FIR was registered against the petitioners. 4.

Counsel for the petitioners submits that during the pendency of the trial, the parties have settled the matter amicably with the intervention of their relatives, elders and respectable persons of the society in terms of compromise dated 28.2.2020. Copy of the settlement is also placed on record.

5.

Respondent no.2 to 6 are present in Court and identified by the IO.

They submit that they have settled their disputes with the petitioners. They further submit that they have no objection if the FIR in question is quashed.

6.

Learned APP for the State submits that in view of the settlement between the parties, the State has no objection if the FIR in question be quashed.

7.

Keeping in view the above facts and circumstances, since the matter has been amicably settled between the parties, no useful purpose will be served by keeping the case pending. It will be nothing but abuse of the process of law.

Consequentially, this petition is allowed, subject to costs of ₹50,000/- to be deposited by the petitioners with Delhi High Court Legal Services Committee within two weeks from today. Upon placing on record the proof of deposit of costs within a week thereafter and handing over their copies to the Investigating Officer, FIR No.336/2017, under Sections 308/323/452/427/34 IPC, registered at Police Station- Mukherjee

Nagar, Delhi, and the proceedings emanating therefrom shall stand quashed.

8.

The present petition stands disposed of accordingly. Dasti. RAJNISH BHATNAGAR, J MARCH 03, 2020/ib