Vinay Jain & ANR v. State (Govt Of NCT Of Delhi) & ANR
$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3591/2016 VINAY JAIN & ANR ..... Petitioners Through:
Mr. S. Singhal, Advocate versus STATE (GOVT OF NCT OF DELHI) & ANR ..... Respondents Through:
Mr. Mukesh Kumar, APP with SI:Pawan, PS:Krishna Nagar, Delhi Mr. Amit Kumar, Advocate for respondent No.2
CORAM:
HON'BLE MR. JUSTICE CHANDER SHEKHAR
O R D E R
% 12.04.2017 This is a petition under Section 482 Cr. PC for quashing of FIR No.220/2013 under Sections 323/341/452/506/34 IPC registered at PS:Krishna Nagar, Delhi, pending in the Court of Ms. Surbhi Sharma, learned Metropolitan Magistrate, Karkardooma Courts, Delhi. It is stated that on 18.5.2013, respondent No.2 was standing near a juice shop, when petitioner No.1 came to him and started abusing. To save himself, respondent No.2 came into the house of his known, namely, Mahender Singh. At about 3:30 pm, the petitioners along with their two associates came with dandas and started knocking the door.
Despite respondent No.2 refusing them to enter the house, they all forcibly entered into the house and started beating respondent No.2 by fists and legs as well as dandas. On respondent No.2 raising an alarm and hearing his noise, the people of the locality started gathering and the petitioners and their associates ran way, with threats that "Dobara Idhar aaya to jaan se mar denge". On being called by someone, a police van brought respondent No.2 to hospital, where he was medically examined. On the statement made by respondent No.2, the aforesaid FIR was registered.
Both the petitioners and respondent No.2 are present in Court, along with their counsel. Respondent No.2 is identified by the Investigating Officer.
It is submitted that the petitioners and respondent no. 2 have settled their disputes amicably vide a Compromise Deed dated 19.5.2015 (Annexure P-2) and both the parties have agreed to get the FIR quashed on their own free will and consent. Learned counsel for the petitioners and respondent No.2 submit that in order to maintain peace and good relations between themselves, being the neighbours, the aforesaid FIR may be quashed. They further state that they are not
having any criminal or any other dispute pending between themselves. Hence, in view of the aforesaid statement, subject to costs of Rs.15,000/- being paid to Delhi Police Martyrs' Fund, PHQ, I.T.O., New Delhi for setting the machinery in motion, no fruitful purpose would be served to keep the criminal proceedings pending. Accordingly, FIR No.220/2013 under Sections 323/341/452/506/34 IPC registered at PS:Krishna Nagar, Delhi and the consequent proceedings emanating therefrom are quashed.
The petition is disposed of in the above terms. Dasti. CHANDER SHEKHAR, J APRIL 12, 2017 tp