Kishan & ORS v. State & ORS

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2736/2018 & Crl.M.A. Nos.9748/18 (stay), 9749/18 (exemption) & 9894/18 (for delay in refiling) KISHAN & ORS ..... Petitioners Through Mr.Atul Jain, Adv. with Ms.Himani Khullar, Adv.

versus STATE & ORS ..... Respondents Through Mr.Mukesh Kumar, APP for the State with SI Braham Prakash, PS Sunlight Colony.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 22.10.2018 1.

Vide the present petition, the petitioners have prayed for quashing of FIR No.482/12 registered under Sections 341/324/308/34 IPC at Police Station Sunlight Colony, New Delhi. 2.

The allegations against the petitioners are of assaulting respondent nos.1 & 2 on 30.12.2012 at about 10:00 p.m. in Sunlight Colony and causing simple injuries to them.

3.

Notice of the present petition was issued on 22.05.2018 pursuant whereto, the learned Additional Public Prosecutor has filed a status report. The same reveals that while there are no other pending cases qua petitioner nos.3 & 4, two more cases of a similar nature are pending against petitioner nos.1 & 2. While the petitioner no.1 has

been named as an accused in FIR No.376/13 and FIR No.509/2014, the petitioner no.2 is an accused in FIR No.482/2012 and FIR No.102/2014.

4.

Learned counsel for the petitioners submits that the dispute between the parties was trivial in nature and they have voluntarily settled their grievances with each other. He submits that the parties undertake to maintain cordial relations with each other and peace in the locality.

5.

While giving the aforesaid details regarding pending cases against petitioner no.1 and petitioner no.2, the learned APP fairly submits that the disputes between the petitioners and the respondent nos.2 & 3 are mainly due to the business rivalry between them as they are both carrying similar businesses of providing cable network. It also transpires that criminal proceedings of a similar nature are also pending against respondent no.2.

6.

The petitioners as also respondent nos.2 & 3 who are present in Court, have been identified by the Investigating Officer. Having perused the contents of the FIR and the nature of allegations levelled therein, I am of the view that continuation of criminal proceedings against the petitioners will be an exercise in futility and the interest of justice demands that the disputes between the parties be put to an end. No useful purpose would be served in continuing with the present criminal proceedings.

7.

Accordingly, the petition is allowed and FIR No.482/12 registered under Sections 341/324/308/34 IPC at Police Station Sunlight Colony, New Delhi with all other consequential proceedings

emanating therefrom, are quashed, subject to the petitioners depositing a sum of Rs.25,000/- with the Delhi High Court Lawyers Welfare Trust, within one week from today. The receipt of deposit of costs will be filed with the Registry within the same time. 8.

The petition and pending applications are disposed of in the aforesaid terms.

REKHA PALLI, J OCTOBER 22, 2018/aa