Tilak Raj Kwatra & ORS v. State & ORS

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 331/2016 TILAK RAJ KWATRA & ORS ..... Petitioner Through Mr Kunal Bahri, Adv. alongwith petitioners in person versus STATE & ORS ..... Respondent Through Ms Nandita Rao, ASC for State with Ms Neha Dhir, Advs. alongwith ASI Rajender Singh Police Station Geeta Colony, Delhi Ms Swati, Adv. for the respondent nos. 2 to 4 alongwith respondent nos. 2 to 4 present in person

CORAM:

HON'BLE MS. JUSTICE SUNITA GUPTA

O R D E R

% 21.04.2016 This is a petition u/s 482 Cr.P.C. moved by the petitioners for quashing of FIR No.519/2015 registered at Police Station Geeta Colony, Delhi under Sections 323/341/354/509/34 IPC and consequent proceedings emanating therefrom on the ground that the parties have compromised the matter.

It is submitted by counsel for the petitioners that there are cross FIRs between the parties and since considerable time having been elapsed, the petitioners and the respondent nos. 2 to 4 have arrived at an amicable oral settlement with the intervention of well wishers in their neighbourhood whereby either of the two parties shall not initiate or prosecute legal proceedings filed by them against each other as such it is prayed that the FIR be quashed. The respondent No.2 to 4 /complainant and victims, who are present in person (duly identified by the Investigating Officer of the case as well their counsel) submit that they have amicably resolved all disputes with the petitioners voluntarily without there being any threat, coercion or pressure of any sort and in view of the settlement arrived at between the parties, they do not want any action against the petitioners and do not have any objection to quashing of the instant FIR.

Ms Nandita Rao, ASC for State submits that in view of the settlement arrived at between the parties, she has no objection to quashing of FIR, however, since the State machinery has been

set in motion on trivial issues, the petitioners be burdened with costs. A perusal of FIR goes to show that disputes arose on a trivial issue of touching two vehicles. With the intervention of neighbours good sense has prevailed upon them whereby, by setting their inter se dispute they want to live as good neighbours. As such, it will be in large interest of justice that the matter be given a quietus as continuance of proceedings arising out of the FIR in question would be an exercise in futility and wastage of precious time of the Court. Accordingly, the petition is allowed and the FIR No.519/2015 registered at Police Station Geeta Colony, Delhi under Sections 323/341/354/509/34 IPC and consequent proceedings emanating therefrom are hereby quashed subject to payment of Rs.50,000/- as costs which be deposited by the petitioners with Prime Minister Relief Fund within two weeks from today. Copy of receipt of deposit of costs be placed on record. The petition stands disposed of accordingly.

A copy of this order be given dasti to counsel for the petitioners. SUNITA GUPTA, J APRIL 21, 2016/rs