High Court of DelhiW.P.(CRL)/593/2018

Amit Sangwan & ORS v. The State Govt Of NCT Of Delhi & ANR

2018-02-23Hon'Ble Ms. Justice Indermeet Kaur2 pages

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 593/2018 & Crl.M.A. Nos.3531-32/2018 AMIT SANGWAN & ORS ..... Petitioners Through Mr.Lavenish Mendiratta, Adv.

versus THE STATE GOVT OF NCT OF DELHI & ANR ..... Respondents Through Ms.Nandita Rao, ASC for the State with SI Sunder Singh.

Mr.H.S.Yadav, Adv. for R-2.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 23.02.2018 Petitioners are seeking quashing of the present FIR i.e. the FIR No.128/2013 registered under Sections 452/354/323/34 of the IPC at police station Baba Haridas Nagar on the complaint of respondent no.2. Thereafter Section 325 of the IPC was also added. Injuries received by one of the injured were noted to be grievous. The person who had suffered the grievous injuries is stated to have expired. Parties are neighbours. It is stated that with the intervention of the elders and seniors citizens in the vicinity they parties want to end their disputes and want to live peacefully in the neighbourhood. It is pointed out that a cross FIR (FIR No.131/2013) has also been registered against the husband of the complainant (in the present case). The petition seeking quashing of the said FIR is also listed before a Coordinate Bench of this Court. The presence of the complainant/respondent no.2 (present in Court) has been identified by

the Investigating Officer. She admits the fact that the parties have now settled their disputes. Settlement dated 24.4.2017 is a part of the record. This settlement has been arrived t before the Mediation Cell, Dwarka Courts.

Learned counsel for the State submits that charge sheet has since been filed and the trial has progressed to some extent, due to which the State has incurred expenditure. If this FIR is permitted to be quashed, the petitioners should be burdened with costs. Noting the above narration of acts this is a fit case where the prayer made in the petition should be allowed. Accordingly, to secure ends of justice, FIR No.128/2013 registered under Sections 452/354/323/34 of the IPC at police station Baba Haridas Nagar and all the proceedings emanating therefrom stands quashed. This order is passed subject to payment of costs of Rs.15,000/- to be deposited by the petitioners with the Delhi High Court Legal Service Committee.

Petition disposed of in the above terms.

INDERMEET KAUR, J FEBRUARY 23, 2018 ndn