Arvind Kumar & ANR v. State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3771/2017 ARVIND KUMAR & ANR ..... Petitioners Through:

Mr. M. Shamikh, Adv.

Versus

STATE & ANR ..... Respondents Through:

Ms. Meenakshi Dahiya, APP for State with SI Sachin Tomar, P.S. Pandav Nagar.

Respondent no.2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 24.10.2017 It is submitted that petitioners and respondent no.2 have settled their disputes amicably, therefore, FIR No.

388/2012 under Sections 186/333/353/34 IPC registered at police station Pandav Nagar, on the complaint of respondent no.2, be quashed.

A perusal of FIR shows that on 11th September, 2012 on receipt of DD No. 34A, the then SI Rambir Singh (respondent no.2) reached at the spot, that is, House No.11, Patparganj Village near Alcon International Public School for enquiring about the complaint of Sh. Ajeet Singh. Sh.

Ajeet Singh stated that he was a tenant in the said premises and the landlord,

that is, petitioner no.1 had removed his goods. Thereafter, petitioners started quarrelling with Ajeet Singh and him and in the quarrel they pulled his uniform and also gave beatings to him.

Investigation is complete and charge-sheet has been filed against the petitioners. It is submitted that petitioners and respondent no.2 have now settled their disputes amicably vide Compromise Deed dated 24th August, 2017, therefore, aforesaid FIR and the consequent proceedings emanating thereform be quashed.

Respondent no.2 is present in Court and has been identified by SI Sachin Tomar of police station Pandav Nagar. He submits that he has settled the matter with the petitioners of his own free will and without any undue force, pressure or coercion. He also admits having received entire settled amount.

It is noted that on the complaint of Sh. Ajeet Singh another FIR No. 387/2012 under Sections 448/380/308/34 IPC was registered at police station Pandav Nagar against the petitioners. The matter has been compromised between the petitioners and Sh. Ajeet Singh and the said FIR has also been quashed by a bench of coordinate jurisdiction vide order dated 8th May, 2017 passed in Crl. M.C. 714/2017.

Keeping in mind the totality of the facts and circumstances of this

case, present FIR No. 388/2012 under Sections 186/333/353/34 IPC registered at police station Pandav Nagar and the consequent proceedings emanating therefrom are quashed.

Petition is disposed of.

Miscellaneous application is disposed of as infructuous.

Dasti.

A.K. PATHAK, J.

OCTOBER 24, 2017 ga