Kapil @ Narender & ORS. v. State & ORS

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6254/2018 & CRL.M.A. 49266/2018 KAPIL @ NARENDER & ORS.

.... Petitioners Through:

Mr. Madhusudan Sambyal and Ms. Indu Bala, Advs. with the petitioners in person versus STATE & ORS .... Respondents Through:

Mr.Panna Lal Sharma, APP with SI Harish Kr., PS Swaroop Nagar, Delhi Mr. Sunil Gulia, Adv. for R-2 & 3 with R-2 & 3 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 06.05.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.118/2016, under Sections 308/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Swaroop Nagar, Delhi and the proceedings emanating therefrom.

2.

The petitioners and respondent Nos.2 & 3 as well as learned counsel for the parties submitted that the parties have settled their disputes on their own free will, without any force or coercion vide a Memorandum of Understanding dated 3.12.2018.

3.

Respondent Nos.2 & 3, present in Court, have reiterated the aforesaid facts and submitted that the petitioners have assured that they shall not indulge in such activities in future, and that the

respondent Nos.2 & 3 have now forgiven them and 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 and socioeconomic 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. 118/2016, under Sections 308/34 of the IPC, registered at P.S.: Swaroop Nagar, Delhi and the proceedings emanating therefrom are quashed.

6.

Petition is disposed of in above terms. Pending application is also disposed of.

CHANDER SHEKHAR, J MAY 06, 2019/rk