Kamal Taneja & ORS v. State ( Delhi Administration) & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 713/2015 KAMAL TANEJA & ORS ..... Petitioners Through:

Mr. Sanjay Suri, Mr. Rishabh Relan and Mr. P. Bhasin, Advs.

versus STATE ( DELHI ADMINISTRATION) & ORS..... Respondents Through:

Mr. Mukesh Gupta, ASC with Insp.

Mahabir Singh, P.S. Alipur.

Mr. Rajesh Ridla, Adv. for R-2 and R-3.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 07.05.2015 Petitioner nos. 1 and 2 are directors of M/s TDI Infrastructure Limited; whereas petitioner nos. 3 to 5 are employees of the said firm. It is submitted that respondent nos. 2 and 3 had been working on commission basis on some projects of said firm.

An altercation took place on the question of payment which resulted in the incident as alleged in the FIR wherein respondent no. 2-complainant has alleged that petitioners gave beatings to him and respondent no. 3-Ram Kumar, inasmuch as, petitioner nos. 1 and 2 stabbed them. Hence, FIR No. 334/06 under Sections 324 IPC has been registered at police station Alipur against the petitioners. It is further submitted that closure report was filed before the Metropolitan Magistrate but the same was not accepted by the Metropolitan Magistrate

and re-investigation was ordered, which is pending. During the investigation, which is underway, petitioners and respondent nos. 2 and 3 have settled their disputes amicably, inasmuch as, petitioners have compensated them in terms of money. A Memorandum of Understanding dated 12th March, 2015 has been executed between the parties. Respondent nos. 2 and 3 are present in Court and submit that in view of their past dealings with the petitioners they have compromised the matter with the petitioners and do not want any further action in the FIR. Keeping in mind that incident took place on account of trivial matter between the petitioners and respondent nos. 2 and 3, who are known to each other prior to the incident, inasmuch as, they have compromised the matter wherein closure report has already filed once, however, on the directions of Metropolitan Magistrate re-investigation is pending, in my view, no fruitful purpose would be served in keeping the present criminal proceedings pending.

Accordingly, in the interest of justice, FIR No. 334/06 under Section 324 IPC registered at police station Alipur and the consequent proceedings emanating therefrom are quashed.

Writ petition is disposed of in the above terms. A.K. PATHAK, J.

MAY 07, 2015/ga