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High Court of DelhiCRL.M.C./6159/2018

Gautam @ Ravinder Khari & ORS v. State Of Delhi & ANR

2019-05-13Hon'Ble Mr. Justice Chander Shekhar2 pages

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6159/2018 GAUTAM @ RAVINDER KHARI & ORS .... Petitioners Through:

Mr. Ravi Bhushan Upadhyay, Adv. with the petitioners in person versus STATE OF DELHI & ANR .... Respondents Through:

Mr.Ashish Dutta, APP with the IO in person R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 13.05.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.710/2014, under Sections 308/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Ashok Vihar, Delhi and the proceedings emanating therefrom.

2.

The petitioners and respondent No.2 as well as learned counsel for the petitioners submitted that the parties have settled their disputes on their own free will, without any force or coercion vide a Compromise Deed/Mutual Settlement dated 25.11.2014. 3.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that since the petitioners have tendered unconditional apology to him and have assured that they shall not

indulge in such activities in future, he has now forgiven them and has no objection to the petition being allowed and the FIR being quashed. 4.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioners as well as respondent No.2 and has also verified the settlement. The IO also stated that there is no other criminal case pending against the petitioners. 5.

In view of the aforesaid circumstances, the settlement arrived at between the parties and taking into consideration the age and socioeconomic background of the petitioners, I deem it appropriate to give the petitioners a chance to reform and reintegrate into the society as productive members. The petitioners are warned to be careful in future and to not indulge in such activities again. Taking into consideration the remorseful attitude of the petitioners, this Court is also of the view that no fruitful purpose would be served in keeping the parties entangled in the criminal proceedings. Accordingly, in the interest of justice, FIR No.710/2014, under Sections 308/34 of the IPC, registered at P.S.: Ashok Vihar, Delhi and the proceedings emanating therefrom are quashed.

6.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J MAY 13, 2019/rk