Ravi Khanna & ORS. v. State & ANR.

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5981/2018 RAVI KHANNA & ORS.

..... Petitioner Through Mr.Avinash, Adv.

versus STATE & ANR.

..... Respondent Through Ms.Manjeet Arya, APP with SI Hari Ram, PS Mukherjee Nagar.

Mr.Ravinder Adlakha, Adv for R-2 & 3.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 11.12.2018 1.

Vide the present petition filed u/s 482 Cr.P.C., the petitioners seek quashing of FIR No.12/2017 registered u/s 354/509/323/34 IPC at P.S Mukherjee Nagar, Delhi on the basis of a settlement arrived at between the parties.

2.

Mr.Avinash, learned counsel for the petitioner submits that the petitioners as also the respondent nos.2 & 3 are neighbours living in the same locality for the last many years. Due to a misunderstanding on the issue of car parking, a quarrel took place between the parties. Consequently, the respondent no.2 filed a complaint which led to the registration of the aforesaid FIR against the petitioners. 3.

Mr.Avinash submits that after the registration of the FIR, the parties with the intervention of senior members of the locality, have now resolved their disputes and have entered into a settlement. He further submits that the petitioner is willing to bear any costs that may

be directed by this Court and, therefore, prays that the captioned FIR and proceedings emanating therefrom be quashed. 4.

The petitioners as also the respondent nos.2 & 3 are present in Court and have been identified by the Investigating Officer. The respondent nos.2 & 3 are also represented by a counsel. I have interacted with the respondent no.2/complainant, who states that she has decided to resolve all her differences with the petitioners of her own free will and has entered into the settlement without any coercion. She further submits that she does not want the aforesaid criminal proceedings to continue as she does not want any further acrimony with the petitioners who are her neighbours. 5.

I have considered the submissions of the learned counsel for the parties and perused the records. Keeping in view the fact that the altercation between the parties arose out of a misunderstanding as also the fact that the nature of the injuries alleged to have been caused to the respondent no.2 are only simple, no useful purpose will be served in continuing with the criminal proceedings as the same will not only cause hardship to the parties but will also cause further acrimony between them.

6.

Accordingly, the petition is allowed and the captioned FIR and consequential proceedings are quashed, subject to the petitioners paying a sum of Rs.50,000/- as costs to the to the Delhi Police Martyr's Fund, A/C No.18200110036907, UCO Bank, Delhi, IFSC Code UCBA0001820 within one week from today. A copy of the receipt of deposit of costs will be handed over to the Investigating Officer for production before the Trial Court.

7.

The petition is disposed of in the above terms. REKHA PALLI, J DECEMBER 11, 2018 sr