Tinku @ Pawan & ANR v. State (NCT Of Delhi) & ORS

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TINKU @ PAWAN & ANR ..... Petitioners Through: Mr. Saurabh Shokeen, Advocate alongwith petitioners in person

Versus

STATE (NCT OF DELHI) & ORS ..... Respondents Through: Dr. M.P. Singh, APP for State with SI Anil Kumar, P.S. Kanjhawala Mr. Sudeep Sudan, Advocate with respondent Nos. 2 to 7 in person

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 13.03.2020 1.

The present proceedings are instituted seeking quashing of FIR No. 42/2013, registered under Sections 323/341/427/452/506/34 IPC at Police Station Kanjhawala, Delhi on the ground of a settlement having been arrived at between the parties.

2.

Learned APP for the State, on instructions, submits that the chargesheet has been filed under the aforesaid Sections against the present petitioners and respondent Nos. 2 to 7 are the complainants/victims. 3.

Learned counsel for the petitioner submits that the amended memo of parties has been filed alongwith supporting affidavit of newly impleaded petitioner No.3, namely, Ashish @ Ashu.

4.

As per the case of the prosecution, the present FIR has been registered

by the respondents against the present petitioners who physically assaulted them and the nature of injuries were opined to be simple. 5.

Learned counsel for the petitioners submits that the parties have entered into a settlement on 07.02.2013. A copy of the same is annexed with the petition as Annexure-C. In terms of the settlement, respondent Nos. 2 to 7 are, now, left with no claim or grievance against the petitioners. 6.

The petitioners and respondent Nos. 2 to 7, who are present in person, are identified by their respective counsels and the Investigating Officer. 7.

Respondent Nos. 2 to 7, present in person, state that they have entered into the settlement with the petitioners out of their own free will, volition and without any undue force, pressure or coercion. They further state that they have no objection if the present FIR and all subsequent proceedings arising therefrom are quashed.

8.

Learned counsels for the parties submit that no other proceedings are pending between the parties.

9.

The parties shall remain bound by their statements made in Court today.

10.

In view of the settlement arrived at between the parties voluntarily, in my view, no useful purpose will be served in continuance of the present criminal proceedings. Accordingly, in the interest of justice, aforesaid FIR and the consequent proceedings emanating therefrom are hereby quashed, subject to costs of Rs.10,000/- each to be deposited with the Delhi High Court Legal Services Committee within one week. Proof of deposit be filed in Court as well as with the Investigating Officer.

11.

With the above directions, the petition is disposed of. 12.

Order dasti to the counsels for the parties.

MANOJ KUMAR OHRI, J MARCH 13, 2020/p'ma