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High Court of DelhiW.P.(CRL)/1003/2015

Gaurav Aggarwal & ANR. v. State (NCT Of Delhi) & ORS.

2015-05-13Hon'Ble Mr. Justice A.K. Pathak3 pages

$~30 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1003/2015 GAURAV AGGARWAL & ANR.

..... Petitioners Through :Mr.

Raghav Sabharwal, Proxy Counsel with petitioners in person.

versus STATE (NCT OF DELHI) & ORS.

..... Respondents Through Ms.

Archana Chaudhary, Proxy Counsel for the State with ACP Jasbir Singh, Kalkaji and Insp.

Raman Kumar, P.S.

Govindpuri for respondent no. 1 Respondent nos. 2 and 3 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 13.05.2015 FIR No. 121/2015 under Sections 323/34 IPC read with Section 3(1)(X) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 was registered at Police Station Govind Puri on the complaint of respondent no. 2. Subsequently, Sections 341/506 have also been included in the FIR. Respondent no. 3 is an eye witness to the incident and for this reason he has been impleaded in this writ petition. Petitioners and respondent nos. 2 and 3 are known to each other. A quarrel ensued

between them during the assembly election. Petitioners on the one side and respondent nos. 2 and 3 on the other side were supporters of different parties.

Respondent no. 2 sustained simple injuries in the quarrel, which started on the distribution of pamphlets of B.S.P. by respondent no. 2. Petitioners and respondent nos. 2 and 3 have settled their disputes amicably, on the terms and conditions as stipulated in the Memorandum of Understanding dated 5th May, 2015. Respondent nos. 2 and 3 are present in Court and submit that they are not interested in pursuing the FIR any further. Keeping in mind that disputes arose between the parties on some trivial matter during the assembly election and that they have settled their disputes during pendency of the investigation, inasmuch as want to maintain harmonious relation in future being residents of the same locality, no fruitful purpose would be served to keep the FIR pending. Accordingly, in the interest of justice, FIR No.

121/2015 under Sections 323/341/506/34 IPC read with Section 3(1)(X) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 registered at Police Station Govind Puri and the consequent proceedings emanating therefrom are quashed, subject to, however, each of the petitioners depositing costs of `25,000/- with Delhi High Court Legal Services Committee within four weeks.

in the Registry and copies thereof be handed over to the Investigating Officer.

Petition is disposed of in the above terms. Dasti. A.K. PATHAK, J.

MAY 13, 2015 rb