Rahul Kadiyan & ORS v. State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1165/2018 RAHUL KADIYAN & ORS ..... Petitioners Through Mr.

Nishit Kush, Mr.

Shyam S.

Sharma and Ms. Aastha Jain, Advs.

versus STATE & ANR ..... Respondents Through Mr. Arun Kr. Sharma, Addl. PP for the State with SI Amit Kumar Mr. Sanjeev K. Baliyan and Ms.

Vinita Singh, Advs. for R-2

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 16.04.2018 1.

The petitioners seek quashing of FIR No. 354 of 2014 under Sections 147/148/149/307/323 of the IPC Police Station South Campus, New Delhi, based on a settlement.

2.

The parties are students. It is contended that with the intervention of senior members and respectable persons, the parties have settled their disputes.

3.

Respondent no. 2 is present in person in Court today, represented by his counsel and is identified by the Investigating Officer. He submits that he has settled the disputes with the petitioners. Respondent No. 2 submits that he does not wish to press the criminal complaint against the petitioners any further.

4.

As per the status report, the MLC of respondent no. 2 shows that CRL.M.C. 1165/2018

injuries were simple and blunt and qua another individual Rahul Mathur, the status report states that no opinion could be furnished as the treatment papers were not given by the alleged injured. 5.

In view of the fact that the disputes between the parties have been settled, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor. It would also be expedient to quash the subject FIRs and the consequent proceedings emanating therefrom.

6.

In view of the above, the petition is allowed. FIR No. 354 of 2014 under Sections 147/148/149/307/323 of the IPC Police Station South Campus, New Delhi and the consequent proceedings emanating therefrom are, accordingly quashed, subject to payment of cost of Rs.5,000/-, each to be paid by the petitioners with the "Prisoners Welfare Fund, Jail No. 13, Mandoli", Mangal Pandey Marg, Harsh Vihar, Village Mandoli, Delhi within two weeks. The receipt of deposit of the costs imposed by this Order be furnished to the concerned Investigating Officer within a period of three weeks from today.

7.

Order Dasti under signatures of the Court Master. SANJEEV SACHDEVA, J APRIL 16, 2018 'rs'

CRL.M.C. 1165/2018