Lal Bihari v. The State & ANR

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4710/2018 & CRL.M.A.32177/2018 LAL BIHARI ..... Petitioner Through Mr.Dinesh Kr.Tiwary, Adv.

versus THE STATE & ANR ..... Respondent Through Mr.Mukesh Kumar, APP with SI Anjani Kumar Singh, P.S. Vasant Kunj.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 11.12.2018 1.

Vide the present petition filed u/s 482 Cr.P.C., the petitioner seek quashing of FIR No.211/2013 registered u/s 354/323 IPC at P.S Vasant Kunj, Delhi on the basis of a settlement arrived at between the parties.

2.

Mr.Dinesh Kr.Tiwary, learned counsel for the petitioner submits that the petitioner as also the respondent no.2 are neighbours living in Israil Camp, New Delhi. Due to a misunderstanding, a quarrel took place between the parties on 24.05.2013. Consequently, the respondent no.2 filed a complaint which led to the registration of the aforesaid FIR against the petitioner.

3.

Mr.Tiwary submits that after the registration of the FIR, the parties have with the intervention of senior members of the locality, now resolved their disputes and have entered into an amicable

settlement. He further submits that keeping in view the fact that the nature of the alleged injury caused to the respondent no.2 is simple, the captioned FIR and proceedings emanating therefrom be quashed. 4.

The petitioner as also the respondent no.2 are present in Court. The petitioner is identified by his counsel and the respondent no.2 is identified by SI Anjani Kumar Singh, P.S. Vasant Kunj, New Delhi. I have also interacted with the respondent no.2, who states that she has decided to resolve all her differences with the petitioner of her own free will and has entered into the settlement without any coercion. She further submits that she does not want the aforesaid criminal proceedings to continue as she does not want any further acrimony with the petitioner who is her neighbour.

5.

I have considered the submissions of the learned counsel for the parties and perused the records. Keeping in view the fact that the parties are neighbours, who have already resolved their disputes as also the fact that the injuries alleged to have been caused to the respondent no.2 as a result of the altercation between them are simple, no useful purpose will be served in continuing with the criminal proceedings as the same will not only cause hardship to the parties but will also lead to further acrimony between them. 6.

For the aforesaid reasons, the petition is allowed and the captioned FIR alongwith all consequential proceedings are quashed, subject to the petitioner paying a sum of Rs.10,000/- as costs to the Delhi Police Martyr's Fund, A/C No.18200110036907, UCO Bank, Delhi, IFSC Code UCBA0001820 within one week from today. A copy of the receipt of deposit of costs will be handed over to the

Investigating Officer for production before the Trial Court. 7.

The petition is disposed of in the above terms. REKHA PALLI, J DECEMBER 11, 2018 sr