Shri Dharam Singh And Others v. The State And Another

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5347/2018 & CRL.M.A. 34544-34545/2018 SHRI DHARAM SINGH AND OTHERS ..... Petitioner Through Mr.R.P.S.Baghel, Adv.

versus THE STATE AND ANR.

..... Respondent Through Mr.Amit Chadha, APP with SI Sachin Kumar, P.S.Bhajanpura.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 16.11.2018 1.

Vide the present petition filed u/s 482 Cr.P.C., the petitioners seek quashing of FIR No.57/2012 registered u/s 354/341/323/34 IPC at Police Station Bhajan Pura, Delhi on the basis of a compromise deed dated 09.02.2018.

2.

Mr.R.P.S.Baghel, learned counsel for the petitioners submits that the petitioners as also the respondent no.2 are neighbours living in Subhash Mohalla, Delhi. He submits that due to a misunderstanding, an altercation took place between the parties on 01.03.2012, which led to the registration of cross FIRs, the captioned FIR being the one lodged by the respondent no.2. However, with the intervention of the elders of the locality, the parties have now resolved their disputes and have entered into a compromise deed dated 09.02.2018. Mr.R.P.S.Baghel further submits that the

petitioners are ready to bear the costs as directed by this Court and, therefore, prays that the captioned FIR and consequential proceedings be quashed.

3.

The petitioners as also the respondent nos.2 are present in Court and have been identified by the Investigating Officer. I have interacted with the respondent no.2, who states that he has decided to resolve his differences with the petitioners of his own free will and has entered into the settlement without any coercion. He further submits that he does not want the aforesaid criminal proceedings to continue as he does not want any further acrimony with the petitioners.

4.

I have considered the submissions of the learned counsel for the parties and perused the records. Keeping in view the fact that the altercation arose out of a misunderstanding which led to the registration of cross FIRs, I find that no useful purpose will be served in continuing with the criminal proceedings as the same will only create further rancour between the parties who are neighbours. The petitioners as also the respondent no.2 undertake to maintain peace and harmony in the locality where they reside. 5.

In the light of the compromise deed executed by the parties as also the undertaking given by them in Court, the petition is allowed and the captioned FIR and the proceedings emanating therefrom are quashed, subject to the petitioners paying a sum of Rs.10,000/- as costs to the Delhi Police Martyr's Fund, A/C No.18200110036907, UCO Bank, Delhi, IFSC Code UCBA0001820 within two weeks from today. A copy of the receipt of deposit of costs will be handed

over to the Investigating Officer for production before the learned Trial Court.

6.

The petition alongwith the pending applications is disposed of in the above terms.

REKHA PALLI, J NOVEMBER 16, 2018 sr