Ram Naryan & ORS v. The State NCT Of Delhi & ORS

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3506/2018 RAM NARYAN & ORS ..... Petitioners Through:

Mr.J.P. Singh & Mr.Hemant Sharma, Advs. with petitioners in person.

versus THE STATE NCT OF DELHI & ORS ..... Respondents Through:

Mr.Mukesh Kumar, APP for the State with SI Karamvir, PS Narela.

R-2 & 3 in person.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 31.10.2018 1.

Vide the present petition under Section 482 Cr.P.C., the petitioners have prayed for quashing of FIR No.1217/2015 under Sections 308/323/354(B)/380/452/427 /34 of the IPC at Police Station Narela and all consequential proceeding emanating therefrom on the basis of a Compromise Deed dated 16.10.2017.

2.

Learned counsel for the petitioners submits that the petitioners as also respondent nos.2 & 3 were neighbours and in the heat of moment, a quarrel had taken place between them leading to simple injuries to respondent nos.2 which led to registration of the aforesaid FIR at the behest of respondent nos.2 and 3. He submits that the parties have now with the intervention of the senior members of the neighbourhood, entered into a compromise and do not wish the criminal proceedings to continue. He , therefore, prays that the FIR and the consequential proceedings may be quashed.

3.

The petitioners as also respondent nos.2 & 3 are present in Court and have been identified by the Investigating Officer. The petitioners and the respondent nos.2 & 3 state that they have entered into the aforesaid settlement of their free will and without any coercion. They further submit that they have settled their disputes with the petitioners i.e. their neighbours and they do not wish to pursue the proceedings any further and, therefore, pray that the FIR and the consequential proceedings be quashed as the continuation of the same would lead to further acrimony with their neighbours. 4.

I have considered the submissions made by learned counsel for the parties and perused the record. Keeping in view the fact that the parties have entered into a settlement and are neighbours as also the admitted position that the nature of the injuries caused to respondent no.2 were simple as also the fact that the parties do not wish to pursue the proceedings, the continuation of the aforesaid criminal proceedings will be a futile exercise. The ends of justice demand that the FIR and consequential proceedings be quashed. 5.

For the aforesaid reasons, the petition is allowed and the captioned FIR and all consequential proceedings are quashed, subject to costs of Rs. 25,000/- payable by the petitioners to Delhi High Court Advocates Welfare Trust within four weeks from today. A copy of the receipt of costs will be handed over to the Investigating Officer to be produced before the learned Trial Court on the next date. 6.

The petition is disposed of.

REKHA PALLI, J OCTOBER 31, 2018/gm