Bal Kishan & ORS. v. State & ANR.

$~43 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2098/2019 BAL KISHAN & ORS.

..... Petitioners Through Mr M. Amanullah, Mr Shabeena Anjum, Advocates for petitioner with petitioner nos. 1,3 & 4.

versus STATE & ANR.

..... Respondents Through Mr Amamrpreet Singh for Mr Rahul Mehra, Standing Counsel with H.C. Digamber Singh, SI Satish Kumar,P.S. Sarita Vihar.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 25.09.2019 1.

The petitioners have filed the present petition, inter alia, praying that FIR No. 414/2007 under Sections 452/323/34 of the IPC registered at P.S. Sarita Vihar and all proceedings emanating therefrom, be quashed. 2.

The said petition is premised on a settlement arrived at between the petitioners and respondent no.2 (Mool Chand). Respondent no.2 is present in Court and he has been identified by the Investigating Officer. He states that he has no grievance or claims against the petitioners and joins the petitioners in requesting that the said FIR be quashed.

3.

Petitioner nos. 1, 3 and 4 are present in Court. They also state that the petitioners have no grievance against respondent no.2 and confirm that the petitioners have arrived at a comprehensive settlement with respondent no.2.

4.

It is stated that petitioner no.2 is not present because he is bed ridden. The medical certificate from the hospital is handed over and is taken on record. In view of the above, the presence of petitioner no.2 is not considered necessary.

5.

In view of the statements made before the Court, the petition is allowed and FIR No. 414/2007 under Sections 452/323/34 of the IPC registered at P.S. Sarita Vihar and all proceedings emanating therefrom, are quashed.

6.

Petitioner nos. 1, 3 and 4 and respondent no.2 shall sign this order as an acknowledgment of the statements recorded herein. VIBHU BAKHRU, J SEPTEMBER 25, 2019 pkv