Charanjeet Singh v. State & ANR.

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6198/2018 CHARANJEET SINGH ..... Petitioner Through:

Ms.Dalveer Kaur & Mr.Gurpreet Singh, Advs. with petitioner in person.

versus STATE & ANR.

..... Respondents Through:

Mr.Mukesh Kumar, APP with SI Sandeep Yadav, PS Tilak Nagar.

Ms.Shweta Kaushik & Mr.Tarundeep, Advs. for R-2 with R-2 in person.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 06.12.2018 1.

Vide the present petition filed u/s 482 Cr.P.C., the petitioner seeks quashing of FIR No.0411/2011 registered u/s 324 IPC at Police Station Tilak Nagar, Delhi on the basis of a Memorandum of Understanding dated 01.12.2018.

2.

Learned counsel for the petitioner submits that the petitioner and the respondent no.2 are residents of the same colony. While the petitioner was passing by on his bike, a scuffle took place between the parties, leading to injuries to the respondent no.2. As a result thereof, a complaint was lodged by the respondent no.2 which led to the registration of the captioned FIR against the petitioners. 3.

Learned counsel for the petitioner further submits that since the

parties are residing in the same locality, with the intervention of the senior members of the locality, they have now resolved their disputes amicably and have accordingly entered into the aforesaid settlement agreement on 01.12.2018. She further states that the petitioner volunteers to pay any costs that may be directed by this Court and therefore, prays that the captioned FIR and consequential proceedings be quashed.

4.

The petitioner as also the respondent no.2 are present in Court and have been identified by the Investigating Officer. Respondent no.2 is also represented by a counsel. I have interacted with the respondent no.2 who states that he has resolved all his differences with the petitioner of his own free will and has entered into the settlement without any coercion. He also states that since the FIR was the result of a private scuffle between them which he has now resolved amicably, he also does not want the criminal proceedings to continue. He, therefore, prays that the captioned FIR and consequential proceedings be quashed.

5.

I have considered the submissions of the learned counsel for the parties and perused the record. Keeping in view the fact that FIR emanates from a dispute between members of the same locality which already stands resolved between them, no useful purpose will be served in continuing with the aforesaid criminal proceedings especially when the respondent no.2/complainant himself does not want the proceedings to continue. The ends of justice demand that the FIR and consequential proceedings be quashed. 6.

For the aforesaid reasons, the petition is allowed and the

captioned FIR and proceedings emanating therefrom are quashed subject to the petitioner paying a sum of Rs.50,000/- as costs to the Delhi Police Martyr's Fund, A/C No.18200110036907, UCO Bank, Delhi, IFSC Code UCBA0001820 within four weeks 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. 6.

The petition is disposed of in the above terms. REKHA PALLI, J DECEMBER 06, 2018 gm