Gaurav Dhingra & ORS v. The State Govt Of NCT Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1343/2018 GAURAV DHINGRA & ORS ..... Petitioners Through Mr. Rajiv Duggal with Mr. Vinod Kumar, Advocates with petitioners in person.

versus THE STATE GOVT OF NCT OF DELHI & ANR ..... Respondents Through Mr. Akshai Malik, APP for the State.

SI Pawan Kuamr, PS Kalkaji.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 16.03.2018 1.

The petitioners, by the present petition, seek quashing of FIR No.749/2003 under Sections 326/323/341/34 IPC, Police Station Kalkaji.

2.

Parties are neighbours and with the intervention of the members of the locality and other senior members of the respective families, parties have settled their disputes with a view to restore peace and harmony in the locality. Terms of settlement are recorded in order dated 20.12.2017 before the Trial Court.

3.

Learned counsel for the petitioners, under instructions from the petitioners, who are present in Court, submits that the petitioners are not involved in any other case/FIR.

4.

As per the settlement, the petitioners have agreed to pay a sum Rs.3,00,000/- to the complainant/respondent No.2. The said amount of Rs.3,00,000/- has been paid in Court today by way of a Demand Draft CRL.M.C. 1343/2018

No.505536 dated 15.03.2018 drawn on ICICI Bank. 5.

The respondent is present in person and is identified by the Investigating Officer.

He confirms that the parties have settled their disputes and he does not wish to prosecute the criminal proceedings any further.

6.

In view of the above and keeping in view of the fact that the parties have resolved their disputes and respondent does not wish to press his complaint, and 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 be expedient to quash the subject FIR and the consequent proceedings emanating there from.

7.

In view of the above, the FIR No.749/2003 under Sections 326/323/341/34 IPC, Police Station Kalkaji and the consequent proceedings emanating there from are quashed, subject to the payment of the cost of Rs.7,500 per petitioner to be paid to 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. 8.

Order Dasti under the signatures of the Court Master. SANJEEV SACHDEVA, J MARCH 16, 2018/st CRL.M.C. 1343/2018