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High Court of DelhiCRL.M.C./1719/2015

Om Prakash @ Tiger & ANR. v. State Of NCT Of Delhi & ANR.

2015-05-21Hon'Ble Mr. Justice Manmohan Singh3 pages

$13 & 69 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1719/2015 OM PRAKASH @ TIGER & ANR.

.....Petitioners Through Mr. Moinuddin Khan, Adv.

versus STATE OF NCT OF DELHI & ANR.

Respondents Through Mr. M.P. Singh, APP for the State • along with SI Kamal Kumar.

Mr. Lalit Chaudhary, Adv. for R-2 to 5.

+ CRL.M.C. 1802/2015 TITOO @ VIKRAM &ANR Petitioners Through Mr. Lalit Chaudhary, Adv.

versus STATE OF NCT OF DELHI & ANR.

.....Respondent Through Mr. M.P. Singh, APP for the State along with SI Kamal Kumar.

.

Mr. Moinuddin Khan, Adv.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN SINGH

ORDER

% 21.05.2015 By this order I shall dispose of both the petitions on the basis of settlement arrived at between the parties on the basis of cross FIR filed by both the parties i.e. FIR No.112/2012 under Section 147/148/149/ 323/427/506 IPC and FIR No.111/2012 under Section By:AMULYA

147/148/149/427/451/506 IPC, PS Okhla Industrial Area. The present petitions have been filed by the petitioners under Section 482 Cr.P.C. for quashing of above mentioned FIRs. Brief facts of the case are that a scuffle took place between the parties and their supporters during Municipal Corporation election. On the basis of complaints FIRs were registered against the two rival groups i.e FIR No.111/2012 and FIR No.112/2012 on 15th April, 2012. At the stage of framing of charge, both the parties have settled their disputes amicably on 26th March, 2015. Memorandum of Understanding is placed on record. I have gone through the petitions as well as Memorandum of Understanding arrived at between the parties.

All the petitioners as well as respondents, except respondent No.10 Atul Pndhir in FIR No.111/20 12, (though his affidavit is on record), are present in Court who are duly identified by their respective counsel. Identification proofs have been filed by the parties along with the petition. In view of the averments made in the petitions as well as the settlement arrived at between the parties, the FIR No.112/2012 under Section 147/148/149/323/427/506 IPC and FIR No.111/2012 under Section 147/148/149/427/451/506 IPC, registered at PS Okhla Industrial Area registered, Delhi and proceedings pursuant thereto are hereby quashed subject to the condition that all the petitioners and the respondents shall furnish bonds of good behaviour for the next five years and the same shall be filed by way of affidavit/ undertaking within four weeks from today. Since the State machinery has been used and in view of the nature of the case as well as the averments mentioned in the FIRs, I impose a cost of

Rs.20,000/- each upon the petitioners and the respondents which shall be deposited by him with the Prime Minister's National Relief Fund within four weeks from today. The original receipts of depositing the cost shall be filed by the petitioners in the Registry within six weeks and a copy thereof be also handed over to the JO. In case the receipts are not filed by the petitioners as well as respondents within the stipulated period, the matter shall be listed before Court for further directions.

• The petitions are accordingly disposed of.

MAY 21, 2015/vp