Atul Kumar & ORS. v. State & ORS.

$~48 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2925/2019 ATUL KUMAR & ORS.

..... Petitioners Through:

Mr Rishipal Singh, Advocate.

versus STATE & ORS.

..... Respondents Through:

Ms Kamna Vohra, ASC for State with SI Jasmer Singh, PS Jahangir Puri.

Mr Rahul Kumar, Advocate for R-2 to R-4 along with respondent nos. 2 and 3 in person.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 16.10.2019 CRL.M.A. 38267/2019 1.

Allowed, subject to all just exceptions.

W.P.(CRL) 2925/2019 2.

The petitioners have filed the present petition, inter alia, praying that FIR No.0112/2017 under Section 509/326/324/34 of the IPC registered with PS Jahangirpuri and all proceedings emanating therefrom, be quashed. 3.

The said FIR was registered at the instance of respondent no.2 (Sh Tilakraj).

The present petition is predicated on a compromise arrived at between the concerned parties.

4.

The petitioners state that they have resolved their all the disputes with

the respondents in terms of the compromise arrived at on 01.10.2019. The copy of the compromise deed has been placed on record. In terms of the said settlement, the petitioners had agreed to pay a sum of ₹3 lakhs to the respondents in full and final settlement of their claims. It is stated that the said amount has already been paid.

5.

The petitioners are present in the Court and are identified by their counsel. The respondents (except respondent no.4 - Meenakshi) are present and are identified by the IO. It is stated that respondent no.4 is not present in the Court as she is pregnant and is unable to travel to Court. However, it is affirmed that she has also joins the petitioners in praying that the FIR in question be quashed. An amount of ₹3 lakhs, which was to be paid in terms of the compromise deed has been paid and the same is acknowledged by the respondents.

6.

In view of the statements made by the concerned parties, this Court considers it apposite to allow the present petition, albeit, subject to payment of costs. The petitioners also undertake to this Court that a sum of ₹17,500/- each shall be paid to the Delhi Police Martyrs Fund within a period of four weeks from today.

Subject to the aforesaid cost being paid, FIR No. 0112/2017 under Section 509/326/324/34 of the IPC registered with PS Jahangirpuri and all proceedings emanating therefrom, are quashed. 7.

The petitioners shall submit proof of depositing the said costs to the IO within the aforesaid period. If the same is not paid, the IO is directed to file an application before this Court.

8.

The petitioners and respondents (respondent nos.2 and 3, who are

present in the Court) shall sign this order as an acknowledgment of their statements/undertaking recorded herein.

VIBHU BAKHRU, J OCTOBER 16, 2019 MK