← Library
High Court of DelhiW.P.(CRL)/2086/2017

Samar Bahadur & ORS v. Govt Of NCT Of Delhi & ORS

2017-08-31Hon'Ble Mr. Justice Vinod Goel2 pages

$~36 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2086/2017 SAMAR BAHADUR & ORS.

..... Petitioners Through: Mr.Kumar Nikhil, Advocate along with petitioners in person.

versus GOVT OF NCT OF DELHI & ORS ..... Respondents Through: Mr.Avi Singh, ASC for the State with SI Omveer Singh, PS Nand Nagri, Delhi.

Mr.Ravish Roshan, Advocate for R-2 to R-5 with respondent no. 2 to 5 in person.

CORAM:

HON'BLE MR. JUSTICE VINOD GOEL

O R D E R

% 31.08.2017 1.

The petitioners have invoked the writ jurisdiction of this court under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (in short 'Cr.PC') for quashing of the FIR bearing No. 959/2016, registered on 05.11.2016 with Police Station Nand Nagri, Delhi, under Sections 452/308/34 IPC on the complaint of respondent No.2. 2.

As per the allegations, an altercation took place between the petitioners and the respondent no. 2 to 5 on 01.11.2016 and the respondent no. 2 to 5 sustained injuries.

3.

Respondent no. 2 to 5 are present in person. They are being W.P. (Crl.) 2086/2017

represented by their counsel. They are duly identified by the IO SI Omveer Singh.

4.

The petitioners and the respondent no. 2 to 5 are the resident of same colony and they have amicably settled all their disputes. The petitioners undertake that in future they shall not repeat such incident and shall not extend any threat to the respondents No.2 to 5. The respondents no. 2 to 5 submit that in view of the settlement, they do not want to pursue the said FIR. They submit that the said FIR may be quashed.

5.

Learned ASC through the IO submits that the charge sheet has so far not been filed.

6.

In the facts and circumstances of the case and the fact that the respondent no. 2 to 5 have amicably settled the matter with the petitioners, who are residing in their neighbourhood, no purpose would be served in further pursuing the said FIR. Hence, to have the peace and harmony in the society and to secure ends of justice, the FIR bearing No. 959/2016, registered on 05.11.2016 with Police Station Nand Nagri, Delhi, under Sections 452/308/34 IPC and proceedings arising out of the same are hereby quashed.

7.

The petition is disposed of accordingly.

8.

Order DASTI.

VINOD GOEL, J.

AUGUST 31, 2017 "shailendra"

W.P. (Crl.) 2086/2017