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High Court of DelhiCRL.M.C./6134/2018

Pranav Kumar & ANR v. State & ORS.

2018-12-18Hon'Ble Mr. Justice Chander Shekhar3 pages

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6134/2018 PRANAV KUMAR & ANR .... Petitioners Through:

Mr. Varun Goswami, Mr.

Rahul Sinha & Mr. Rajesh Singh, Advs. with the petitioners in person versus STATE & ORS.

.... Respondents Through:

Mr. Kamal Kumar Ghei, APP with SI Pankaj Kumar, PS Shalimar Bagh, New Delhi Mr. Praveen Bhati and Ms.

Ankita Bansal, Advs. for R-2

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 18.12.2018 1.

Status report has been filed wherein it is stated that the parties do not have any criminal antecedents.

2.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.484/2014 under Sections 323/324/34 of the Indian Penal Code, 1860 ('IPC'), registered at Police Station Shalimar Bagh, Delhi and the proceedings emanating therefrom.

3.

Learned counsel for the petitioners submitted that the parties have entered into an oral settlement and have amicably settled their disputes and now they are living happily. The petitioner Nos.1 and 2

are stated to be son and daughter-in-law, respectively, of the respondent No.2.

4.

Respondent No.2 present in the Court, stated that the petitioners had tendered unconditional apology to him long back and he has already accepted the same and has forgiven them and submitted that in view of the relation between the parties as well as the settlement arrived at between them, he does not want the parties to remain entangled in the criminal proceedings. The petitioners also tendered their unconditional apology to the respondent No.2 in the Court and also assured this Court that they shall not indulge in any such activity in future. Respondent No.2 further submitted that the present petition may be allowed and the FIR may be quashed.

5.

Investigating Officer (I.O.) has identified the petitioners as well as the respondent No.2 and stated that the parties have no criminal antecedents.

6.

In view of the aforesaid facts and circumstances, this Court is 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.484/2014 under Sections 323/324/34 of the IPC, registered at Police Station New Shalimar Bagh, Delhi and the proceedings emanating therefrom are quashed, subject to the condition that the petitioners shall deposit, within ten days, a sum of Rs.10,000/- with the Delhi High Court Advocates' Welfare Fund and Rs.10,000/- with the Delhi Police Martyrs' Fund, Account No.18200110036907, UCO Bank, IFSC Code:UCBA0001820 and the

receipts of the said deposit be filed in the Registry within 2 weeks and a copy of the said receipts shall also be handed over to the APP through the I.O. within 2 weeks. In case the petitioners fail to deposit the said sum, the prosecution shall be entitled to move an application for passing appropriate orders.

7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J DECEMBER 18, 2018/rk