Raj Kumar & ORS. v. State & Others

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4657/2018 RAJ KUMAR & ORS.

..... Petitioners Through Mr.R.K. Gupta, Adv. with petitioners in person.

versus STATE & OTHERS ..... Respondents Through Mr.Amit Chadha, APP for the State.

SI Sonu Singh, PS Ghajipur.

Mr.Mahesh Verma, Adv. with respondent nos.2 & 3 in person.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 14.11.2018 1.

By way of the present petition filed under Section 482 Cr.P.C., the petitioner seeks quashing of FIR No.885/2015 registered under Sections 308/506/323/34 IPC at Police Station Ghazipur, Delhi on the basis of a Compromise Deed dated 21st April, 2018. 2.

Learned counsel for the petitioners submits that the petitioners are neighbours living in Mulla Colony, Delhi. He submits that due to a misunderstanding, an altercation took place between the parties on 13th September, 2015, leading to the registration of cross FIRs, i.e., FIR No.885/2015 and FIR No.884/2015 at the behest of respondent nos.2 & 3 and petitioner no.1 respectively. However, with the intervention of the members of the colony, the parties have now resolved their disputes and have entered into a compromise deed

dated 21st April, 2018. He submits that both the petitioners as also the respondent nos.2 & 3 do not want the criminal proceedings to continue any further and, therefore, prays that the captioned FIR and consequential proceedings be quashed.

3.

The petitioners and respondent nos.2 & 3 are present in Court and have been identified by the Investigating Officer. I have interacted with the respondent nos.2 & 3 who state that they have resolved the dispute and entered into the compromise deed dated 21st April, 2018 of their own free will. They pray that the captioned FIR and consequential proceedings be quashed as they do not want any further acrimony with their neighbours.

4.

I have considered the submissions of the learned counsel for the parties and perused the records. Keeping in view the fact that the altercation arose out of a misunderstanding which led to the registration of cross FIRs by the respondent nos.2 & 3 and petitioner no.1, I find that no useful purpose will be served in continuing with the criminal proceedings as the same will only create further rancour between the parties who are neighbours. The petitioners as also the respondent nos.2 & 3 undertake to maintain peace in the locality where they reside.

5.

In the light of the compromise deed executed by the parties as also the undertaking given by them in Court, the petition is allowed and the captioned FIR and the proceedings emanating therefrom are quashed, subject to the petitioners paying a sum of Rs.10,000/- as costs to the Delhi High Court Advocates Welfare Trust within four weeks. A copy of the receipt of deposit of costs will be handed over

to the Investigating Officer for production before the learned Trial Court.

6.

The petition is disposed of in the above terms. REKHA PALLI, J NOVEMBER 14, 2018/aa