Kunwar Babar & ANR. v. The State NCT Delhi Through Its Secretery & ANR.

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4656/2018 KUNWAR BABAR & ANR.

..... Petitioners Through:

Mr. Mahendra Singh, Advocate with petitioner in person.

Versus

THE STATE NCT DELHI THROUGH ITS SECRETERY & ANR.

..... Respondents Through:

Mr. Mukesh Kumar, APP for State with SI Santosh Kumar, P.S.

Mandawali.

Respondent no.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 05.03.2020 1.

The present proceedings are instituted seeking quashing of FIR No. 180/2013 under Sections 323/341/34 IPC registered at P.S. Mandawali East on the ground of settlement having been arrived at between the petitioners and respondent no. 2.

2.

As per the allegations levelled in the FIR, the petitioners entered into an altercation with respondent no.2 and physically assaulted him due to which he sustained injuries.

3.

Learned APP for the State submits that the charge sheet in the present case has been filed against the petitioners and respondent no.2 is the only complainant/victim.

4.

Learned counsel for the petitioners submits that the petitioners and respondent no.2 have settled their disputes out of court. In terms of the settlement, respondent no.2 is now left with no claim whatsoever against the petitioners.

5.

The petitioners and respondent no.2 are present in person and have been identified by the Investigating Officer. 6.

Respondent no. 2 states that he has entered into the settlement with the petitioners out of his own free will, volition and without any undue force, pressure or coercion. He further stated that petitioners have shown remorse for their acts and undertaken not to repeat the same in future. He states that he has no objection if the present FIR and consequent proceedings are quashed.

7.

Learned counsels for the parties submit that a cross FIR No. 179/2013 under Sections 308/323/427/34 IPC registered at P.S. Mandawali East has also been quashed by this Court today by way of an order passed in Crl. M.C. 4662/2018.

8.

The parties shall remain bound by their statements made in Court today.

9.

In view of the settlement arrived at between the parties, in my view, no useful purpose will be served in continuance of the present criminal proceedings. Accordingly, in the interest of justice, the aforesaid FIR and the consequent proceedings emanating therefrom are hereby quashed, subject to costs of Rs.5,000/- to be deposited by each of the petitioners with the Delhi High Court Legal Services Committee within two weeks. Receipts, evidencing deposit of costs, be filed in the Registry and a copy whereof be handed over to the Investigating Officer.

10.

With the above directions, the petition is disposed of. 11.

Order dasti to the counsels for the parties.

MANOJ KUMAR OHRI, J MARCH 05, 2020 ga