Tarun Kumar Garg @ Tota & ORS v. State Of NCT Of Delhi & ORS
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 3402/2017 TARUN KUMAR GARG @ TOTA & ORS ..... Petitioners Through:
Mr. M.L. Choudhary, Advocate with the petitioners in person.
versus STATE OF NCT OF DELHI & ORS ..... Respondents Through:
Mr. Raghuvinder Varma, APP for the State with SI Satyavir Singh, P.S.
Ambedkar Nagar, New Delhi.
R2 & R3/complainant-injured in person.
CORAM:
HON'BLE MR. JUSTICE I.S.MEHTA
O R D E R
% 06.09.2017 CRL.M.A. 13906/2017 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of.
CRL.M.C. 3402/2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.255/2015, under Sections 308/34 IPC, registered at Police StationAmbedkar Nagar, New Delhi and all the proceedings emanating therefrom. Learned counsel of the petitioners has submitted that the petitioners and complainants/ injured are running their business in the same market i.e. Khanpur, M.B. Road, New Delhi and their shops are adjacent to each other. Counsel of the petitioners has further submitted that due to
misunderstanding arisen between the parties a quarrel has taken place resulting in the registration of the aforesaid FIR against the petitioners. Counsel of the petitioners has further submitted that after the registration of the aforesaid FIR, the common friends in the business circle intervened and the matter has been amicably settled between the parties and the same has been reduced down in writing on 28th March, 2015 and same has been acted upon between the parties and nothing remains to be adjudicated further. Counsel for the petitioners further submitted that the aforesaid FIR is coming hurdle in the personal life of the petitioners and therefore the FIR may be quashed.
The respondents No.2 & 3/complainant-injured, namely, Mr. Mukul and Mr. Parveen Kumar are present in person and have been identified by SI Satyavir Sing P.SAmbedkar Nagar, New Delhi.
Both the complainants/injured, present in person admit the settlement reached with the petitioners and submit that the petitioners are running the business in their neighbourhood and now with the intervention of the common business friends the matter has been amicably settled and the same has been reduced down in writing dated 28th March, 2015 and nothing further remains to be adjudicated between them and they have no objection if the aforesaid FIR is quashed.
Looking into the above facts and circumstances since both the business groups have settled their dispute amicably and the same has been reduced into writing on 28th March, 2015 and nothing remains to adjudicated further between them, in these circumstance to have peace in the personal life of both the parties and to have better relationship in the neighbourhood in present and in future and to meet the ends of justice, I deem it
appropriate to quash the aforesaid FIR and all subsequent proceedings arising therefrom.
Consequently, FIR No.255/2015, under Sections 308/34 IPC, registered at Police Station- Ambedkar Nagar, New Delhi and all the proceedings emanating therefrom are hereby quashed. Parties shall be bound by the settlement dated 28th March, 2015.
The present petition is allowed and disposed of accordingly. Copy of this order be given dasti to the parties, as prayed. I.S.MEHTA, J SEPTEMBER 06, 2017 RV