Vijay Kumar & ANR. v. State & ORS.

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6081/2018 & CRL.M.A. 48558/2018 VIJAY KUMAR & ANR.

..... Petitioners Through: Mr. J.S. Mann, Advocate alongwith petitioners in person

Versus

STATE & ORS.

..... Respondents Through: Mr. Mukesh Kumar, APP for State with SI Satender Kumar Respondent Nos. 2 to 4 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 04.03.2020 1.

The present proceedings are instituted seeking quashing of FIR No. 1017/2015 under Sections 323/341/427/506/34 IPC registered at P.S. K.N. Katju Marg, Delhi on the ground of settlement having been arrived at between the parties.

2.

As per the prosecution case, the present FIR has been filed by respondent Nos. 2 to 4 against the present petitioners who physically assaulted them and threatened them.

3.

Learned APP for the State, submits that the charge sheet in the present case has been filed against the present petitioners and respondent nos.2 to 4 are the complainants/victims. He, on instructions, submits that the injuries are opined to be simple in nature.

4.

Learned counsel for the petitioners submits that the parties have entered into a settlement out of Court. In terms of the settlement, respondent Nos. 2 to 4 are now left with no claim whatsoever against the petitioners.

5.

The Petitioners who are present in person, are identified by their counsel and the Investigating Officer. Respondent Nos.2 to 4 who are present in person, are identified by the Investigating Officer. The petitioners have shown remorse for their conduct and have undertaken not to repeat the same in future.

6.

Respondent nos. 2 to 4 state that they have entered into the settlement with the petitioners out of their own free will, volition and without any undue force, pressure or coercion. They further state that the petitioners have not repeated the same incident and that they have no objection if the present FIR and consequent proceedings are quashed.

7.

Learned counsels for the parties submit that besides the present FIR there is another cross FIR No. 1018/2015 under Sections 323/341/308/34 IPC registered at P.S. K.N. Katju Marg, Delhi, and quashing of the same is sought in CRL.M.C. 4576/2018.

8.

The parties shall remain bound by their statements made in Court today.

9.

In view of the settlement arrived at between the parties voluntarily, in my view, no useful purpose will be served in continuance of the present criminal proceedings. Accordingly, in the interest of justice, aforesaid FIR and the consequent proceedings emanating therefrom are hereby quashed, subject to costs of Rs.2,500/- each to be deposited with 'Delhi High Court Legal Services Committee' by the petitioners within a period of two weeks from today. Receipt evidencing deposit of costs be filed in the Registry as well as with the Investigating Officer.

10.

With the above directions, the petition is disposed of alongwith pending application.

11.

Order dasti to the counsels for the parties MANOJ KUMAR OHRI, J MARCH 04, 2020/p'ma