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High Court of DelhiCRL.M.C./6255/2018

Dara Singh & ANR. v. State & ORS.

2019-05-08Hon'Ble Mr. Justice Chander Shekhar2 pages

$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6255/2018 DARA SINGH & ANR.

.... Petitioners Through:

Mr. Davender Kumar, Adv.

with the petitioners in person versus STATE & ORS.

.... Respondents Through:

Mr.Ashish Dutta, APP with SI Vijay Kumar, PS Bawana, Delhi R-2 & 3 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 08.05.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.370/2015, under Sections 308/34 of the Indian Penal Code, 1860 („IPC‟), registered at P.S.: Bawana, Delhi and the proceedings emanating therefrom.

2.

The petitioners and respondent Nos.2 & 3 as well as learned counsel for the petitioners submitted that the petitioner No.1 and the respondent No.2 are real brothers and the parties are residing in the same house. It is further submitted that the parties have settled their disputes on their own free will, without any force or coercion vide a Settlement Deed dated 30.11.2018.

3.

Respondent Nos.2 & 3, who are present in Court, have reiterated the aforesaid facts and submitted that they have no objection

to the petition being allowed and the FIR being quashed. 4.

The Investigating Officer („IO‟), who is present in Court, has identified the petitioners as well as respondent Nos.2 & 3 and has also verified the settlement.

5.

In view of the aforesaid circumstances, the settlement arrived at between the parties and taking into consideration the age, relationship between the parties and socio-economic background of the petitioners, I deem it appropriate to give the petitioners a chance to reform and reintegrate into the society as productive members. The petitioners are warned to be careful in future and to not indulge in such activities again. Taking into consideration the remorseful attitude of the petitioners, this Court is also 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. 370/2015, under Sections 308/34 of the IPC, registered at P.S.: Bawana, Delhi and the proceedings emanating therefrom are quashed. 6.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J MAY 08, 2019/rk