High Court of DelhiW.P.(CRL)/3080/2016

Vicky @ Nikke & ANR. v. State & ANR.

2017-03-08Hon'Ble Mr. Justice Vipin Sanghi2 pages

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3080/2016 VICKY @ NIKKE & ANR.

..... Petitioner Through:

Mr. Jabbar Hussain, Advocate

Versus

STATE & ANR.

..... Respondent Through:

Mr. Sanjay Lao, ASC with Mr.

Siddarth Sindhu, Adv. for State with SI Navin, PS Sabzi Mandi

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 08.03.2017 The petitioners have preferred the present writ petition to seek the quashing of FIR 174/2016 dated 30.04.2016 registered under Section 326/334/34 IPC at PS Sabzi Mandi. The petition is premised on a settlement arrived at between the petitioners and the complainant. The complainant is present in Court. He is identified by the Investigating Officer.

Learned counsel for the petitioner submits that the parties are neighbours. The incident took place at the spur of moment. He submits that the parties have now resolved their disputes and since they are neighbours and they have undertaken to live mutually in a peaceful manner. The petitioners, who are present in court, have undertaken to the court that such violence shall not be repeated either with respondent No.2 or any

other person. They state that they are ready and willing to atone for their conduct and leave it to the court to impose such costs as it may consider appropriate.

The complainant states that he has not been subjected to any pressure or coercion and that he has entered the settlement out of his own free will. The complainant further states that he joins the prayer for quashing of the FIR in question.

As per the status report, petitioner no.2 Ravi @ Champati is declared as a bad character of the area. There are six cases against him. Learned counsel for the petitioner submits that the last case registered against petitioner no.2 prior to registration of the present case was in the year 2005. He submits that the petitioner has been acquitted in the said cases and he was barely 20 years of age when the said cases were instituted against him. Keeping in view the fact that the petitioners have given assurance to the court that they shall not indulge in any criminal act in future and they have also agreed to atone for their conduct, I am inclined to quash the FIR and the proceedings arising therefrom.

Accordingly, no useful purpose would be served in proceeding further with the FIR in question and the proceedings emanating therefrom. The same are hereby quashed subject to payment of costs of Rs.1000/- by each of the petitioners with the Delhi Legal Services Authority within two weeks. The receipt of payment of costs be provided to the I.O. and whereafter the case shall be closed.

VIPIN SANGHI, J MARCH 08, 2017 sr