Subhash Chand & ANR v. The State (NCT Of Dlehi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2861/2018 HEMA @ ANJU & ORS Petitioners Through:

Mr.Anirudh Chauhan, Advocate versus THE STATE (NCT OF DELHI) & ANR Respondents Through: Mr. Raghuvinder Varma, AFP for State with SI Vikram Singh, PS Karawal Nagar Mr.Laxmi Narain Singh, Adv for complainant + CRL.M.C. 2864/2018 SUBHASH CHAND & ANR Petitioners Through:

Mr.Laxmi Narain Singh, Advocate versus THE STATE (NCT OF DLEHI) & ANR ..... Respondents Through:

Mr. Panna Lai Sharma, APP for State with SI Vikram Singh, PS Karawal Nagar Mr.Anirudh Chauhan, Adv for complainant.

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

ORDER

o/o 24.05.2018 '

Vide the present petition Crl.M.C. No.2861/2018, the petitioners therein, namely, , Smt. Hema @Anju, Raj Kumar Sagar, Ms.Neeraja (being a minor represented by her father) and Raman

Chaudhary seek quashing of the FIR No.78/18 under Sections 354/354(B)/506/323/34 Indian Penal Code," 1860, Police Station Karawal Nagar submitting to the effect that a settlement has been arrived at between the parties and that there was also a cross FIR that had been registered vide FIR No.76/18, under Sections 354/323/506/509/34 Indian Penal Code, 1860, Police Station Karawal Nagar registered on the complaint of complainant therein who is arrayed as the petitioner No.l in Crl.M.C. No.2861/2018 and Crl.M.C. No. 2864/2018 has also been filed by the petitioners therein, namely, Subhash Chand, and Arjun @ Monu arrayed as accused in FIR No.76/2018, under Section 3 54/3 54(B)/506/323/34 Indian Penal Code, 1860, Police Station Karawal Nagar which has been registered on the complaint of the prosecutrix arrayed as respondent No.2 to Crl.M.C. No.2864/2018 already adverted to herein above qua which Crl.M.C. No. 2861/2018 has been filed.

The respondent No.3 in Crl.M.C. No. 2864/2018 is Raman Chaudhary one of the alleged victim of FIR No.76/2018, who is arrayed as petitioner No.4 in Crl.M.C. No.2864/2018. The Investigating Officer SI Vikram Singh has identified the petitioners of Crl.M.C. No.2861/2018 as being the accused in FIR No.78/18, Police Station Karawal Nagar, and identified the petitioners Subhash Chand and Arjun @ Monu as being the accused in FIR No.76/2018, Poliee Station Karawal Nagar. The Investigating Officer also identified the proseeutrix Ms.X in Crl.M.C. No.2861/2018 as being the complainant of FIR No.78/2018 and the prosecutrix Ms.Y in Crl.M.C. No.2864/2018 as being the complainant of FIR

No.76/2018 and the respondent No.3 in Crl.M.C. No.2864/2018 as one of the victims.

The respondent No.2 in Crl.M.C. No.2861/2018 and the respondents no.2 and 3 in Crl.M.C. No.2864/2018 on their examination by the Court on oath affirmed having signed their affidavits pursuant to the settlement in their respective petitions that have been filed by the accused persons seeking quashing of the FIR and all the signatories to the settlement document dated 16.5.2018 pursuant to the settlement arrived at between the parties. They have fiirther testified to have signed the same voluntarily of their own accord without any pressure, duress or coercion from any quarter. The petitioners in Crl.M.C. 2861/2018 and the respondent No.2, the petitioners in Crl.M.C. No.2864/2018 and the respondents No.2 and 3 therein are apparently the neighbours and the residents of the same locality.

From the statement on oath of the prosecutrix Ms.Y in Crl.M.C.No.2864/2018 it has been brought forth that there was a dispute in relation to a drain as a consequence of which the cross FIRs are indicated to have been registered. .

In view of the statements made by the complainant in FIR no.78/2018 and FIR No.76/2018 and also by the another victim of FIR No.76/2018, to the effect that a settlement has been arrived at between the parties in terms of the settlement document Ex.CW2/B placed on record in Crl.M.C. No.2861/2018 apparently no useful purpose would be served in continuation of the proceedings and in view thereof in order to maintain harmony and peace between the

<h petitioners of Crl.M.C. No.2861 and the petitioners of Crl.M.C. No.2864/2018, it is considered appropriate to put a quietus to the litigation between the parties, the FIR No. 76/2018, under Sections 354/323/506/509/34 Indian Penal Code, 1860 Police Station Karawal Nagar and FIR No.78/2018, under Sections 354/354(B)/506/323/34 Indian Penal Code, 1860, Police Station Karawal Nagar and all consequential proceedings emanating therefrom are thus quashed. ANU MALHOTRA, J MAY 24, 2018/SV