Surender Sharma & ORS. v. State (NCT Of Delhi) & ANR.
$~69 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 9616/2024, CRL.M.A. 36907/2024 SURENDER SHARMA & ORS.
.....Petitioners Through:
Mr. Rahul Sharma, Advocate with petitioners in person.
versus STATE (NCT OF DELHI) & ANR.
.....Respondents Through:
Ms. Manjeet Arya, APP for State Mr. Kshitij Goel and Mr. Gyan Ranjan Kashyap, Advocates for respondent No.2 with respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 09.12.2024 1.
The present proceedings are instituted on behalf of the petitioners seeking quashing of FIR No. 306/2021 registered under Sections 308/34 IPC at P.S. Mohan Garden, Delhi on the ground that the parties have amicably settled their disputes.
2.
As per the allegations levelled in the FIR, the petitioners engaged in a scuffle and hit the complainant/respondent No.2. 3.
Learned APP for the State, on instructions, submits that the petitioners are the only accused persons and respondent No.2 is the complainant/victim in the present case. He submits that the chargesheet has been filed and the prosecution evidence is yet to begin. He further submits that though the parties have compromised, however, since the State machinery has been put in motion and the allegations were of grave nature, some cost may be The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
imposed upon the petitioners.
4.
Learned counsel for the petitioners submits that the petitioners and respondent No. 2 are known to each other being neighbours and present FIR was registered due to some misunderstanding and with the intervention of family members and friends, parties have amicably settled their disputes out of Court.
5.
It is informed that cross FIR No. 310/2021 registered under Sections 354/506/451/509/34 IPC at P.S. Mohan Garden filed on behalf of the petitioners, has also been quashed by this Court vide today's order passed in CRL.M.C. 9559/2024.
6.
The petitioners and respondent No.2, who are present in Court, have been identified by their respective counsel as well as the I.O. Petitioners have shown remorse for their conduct and undertake not to repeat the same in future.
7.
Respondent No. 2 states that he has entered into the settlement with the petitioners out of his own free will, volition and without any coercion. He further states that he has no objection if the present FIR and consequent proceedings are quashed.
8.
The parties shall remain bound by the statements and undertaking made in Court today.
9.
In view of the above facts and considering that no useful purpose will be served in continuance of the proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed, subject to payment of cost of Rs.10,000/- to be deposited by each of the petitioners with 'Avlamban Fund Scheme 2024' (State Bank of India, Tis Hazari Branch, Delhi, Account No. 43599660056; IFSC SBIN0000726 & The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
MICR Code 110002126).
10.
Proof evidencing receipt of deposit shall be filed with the I.O. failing which, the I.O. shall be at liberty to move appropriate application. 11.
With the above directions, the petition is disposed of alongwith pending application.
MANOJ KUMAR OHRI, J DECEMBER 9, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.