Vipin & ANR. v. State & ORS.
$~69 & 70 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4839/2024 VIPIN & ANR.
.....Petitioner versus STATE & ORS.
.....Respondents + CRL.M.C. 4840/2024 AMAR SINGH AND ORS.
.....Petitioners versus STATE AND ORS.
.....Respondents
Present:
Mr. Vineet Jain, advocate for the petitioner in item 70 and for respondent no. 2 in item 69.
Ms.Priyanka Dalal, APP for the State in item 69 Mr.Satish Kumar, APP for the State in item 70. SI KL Kuldeep and SI Sushil Kumar PS Kashmiri Gate
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
O R D E R
% 25.07.2024 1.
The present petitions have been filed for quashing of cross FIR No. 266/2024 dated 13.05.2024 (in CRL.M.C. 4840/2024) dated under Section 308/34 IPC and FIR No. 267/2024 dated 13.05.2024 (in CRL.M.C. 4839/2024) under section 307/34 IPC at PS Kashmeri Gate 2.
Both the parties submit that they are known to each other for the last The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
more than three decades and incident had occurred on account of some property disputes.
3.
Parties are present in court. Parties state that they have settled the matter with their own free will without any force, fear or coercion 4.
Parties have reached on a settlement settlement/compromise deed dated 01.06.2024 on the following terms and conditions: " 1. That the aforesaid Settlement/ No Objection Deed has been arrived at between the parties at their own free will.
2. That the FIR bearing no. 266/2024, PS- Kashmiri Gate, U/s 308/34 of IPC has been registered upon the statement of Second Party against the First Party.
3. That simultaneously a cross FIR bearing no. 267/2024, PSKashmiri Gate, U/s 307/34 IPC has been registered by the person SI. no. 1 of First Party against the Second Party.
4. That due to some misunderstandings both the parties has been leveled allegations against each other in the FIRs, though both the parties having no grievance against each other of any kind and both the parties are working together in a same complex or vicinity and having cordial relations amongst themselves prior to the alleged incident and they further undertakes that in future they maintain their cordial relations.
5. That First Party and Second Party have decided to approach the Hon'ble High Court of Delhi for quashing of both the FIR. No. 266/2024, U/s 308/34 of IPC P.S. Kashmiri Gate, Delhi & FIR bearing no. 267/2024, U/s 307/34 of IPC, PS- Kashmiri Gate, Delhi and both parties have settled with each other without any pressure, coercion or under influence from any corner or anybody.
6. That both parties have decided that they shall maintain peace and harmony with each other in future.
7. That both the parties have put their signatures upon this Settlement/ No Objection Deed at their free will and without any pressure from any corner.
8. That both the parties undertake not to file any criminal complaint or any other proceedings against each other in any
9. That both the parties will appear before the Hon'ble High Court of Delhi at New Delhi for quashing of both the FIR. No. 266/2024, U/s 308/34 of IPC P.S. Kashmiri Gate, Delhi & FIR bearing no. 267/2024, U/s 307/34 of IPC, PS- Kashmiri Gate, Delhi.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
10. That both the parties undertakes to appear before the Hon'ble High Court of Delhi to gave statements at the time of quashing of present FIR.
11. That the First Party & Second Party having No Objections in grant of Bail of the accused persons confined in Jail by the concerned court in the above matter.
12. That both the parties having no grievance against each other as all of them were not causes any harm to any of them." 5.
Learned APP has opposed the quashing on the ground that the case involves serious offences. The chargesheet in the present case has not been filed. It is a matter of record as stated by the IO that the nature of injuries were simple in nature.
6.
In view of the settlement, there is no use of continuing with the proceeding. Hence both the cross FIR No. 266/2024 dated 13.05.2024 (in CRL.M.C. 4840/2024) dated under Section 308/34 IPC and FIR No. 267/2024 dated 13.05.2024 (in CRL.M.C. 4839/2024) under section 307/34 IPC at PS Kashmeri Gate and all the other proceedings emanating therefrom are quashed.
7.
Both the petitions stand disposed of.
DINESH KUMAR SHARMA, J JULY 25, 2024 rb/dg.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.