Heemat Singh & ORS. v. The State & ORS.

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4160/2018 HEEMAT SINGH & ORS.

..... Petitioner Through Mr.Gaurav Harnal , Adv.

versus THE STATE & ORS.

..... Respondent Through Ms.Manjeet Arya, APP with SI Rajender Singh, PS Malviya Nagar.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 30.10.2018 1.

Vide the present petition u/s 482 CrPC, the petitioner seeks quashing of FIR No.0145/2015 registered u/s 34/323/341 of the IPC at P.S. Malviya Nagar and all proceedings emanating therefrom on the basis of the settlement dated 10.04.2018, arrived before the Mediation Centre, Saket Courts, New Delhi.

2.

Mr.Gaurav Harnal, learned counsel for the petitioner submits that the petitioner no.1 and respondent no.4 are real brothers and petitioner nos.2 and 3 and respondent nos.2 & 3 are cousins. He further submits that the captioned FIR was lodged by the respondent no.2 due to a misunderstanding between him and the petitioners. 3.

Mr.Harnal also submits that after the registration of the aforesaid FIR, the parties have resolved their disputes and the agreed amount of Rs.50,000/- has been paid to respondent no.2 by the petitioners. He, therefore, prays that the captioned FIR and proceedings emanating therefrom, be quashed, as the FIR was based on a petty quarrel that took place between the relatives. 4.

The petitioners as also the respondent nos. 2 to 4 are present in

Court and have been identified by the Investigating Officer. I have interacted with the respondent nos.2 to 4, who state in unison that they have entered into the settlement with the petitioners voluntarily and without any coercion. They further submit that they do not desire the criminal proceedings to be continued any further, as the same will cause grave hardship to them also.

5.

Keeping in view the fact that the dispute between the parties, who are closely related, already stands resolved as also the fact that the respondent nos.2 to 4 have categorically stated that the complaint lodged by them was a result of a misunderstanding and they do not wish the criminal proceedings to continue, no useful purpose would be served in continuing with the criminal proceedings against the petitioners. In my considered view, interest of justice demands that the FIR and consequential proceedings be quashed. 6.

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 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 the costs will be handed over to the I.O. to be produced before the learned Trial Court on the next date. 7.

The petition is disposed of alongwith the pending application. REKHA PALLI, J OCTOBER 30, 2018/sr