Rahul & ANR. v. State & ANR.
$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6321/2018 RAHUL & ANR.
.... Petitioners Through:
Mr. Sumiy Choudhary and Ms.
AAkanksha Bansal, Advs. with petitioners in person versus STATE & ANR.
.... Respondents Through:
Mr. Kamal Kumar Ghei, APP with SI Naveen, PS Kanjhawala Counsel for the R-2 & 3 (name not given) with R-2 & 3 in person
CORAM:
HON'BLE MR. JUSTICE CHANDER SHEKHAR
O R D E R
% 18.12.2018 CRL.M.A. ........./2018 (to be numbered) (for filing amended memo of parties) 1.
The petitioners have filed the present application to place on record amended memo of parties.
2.
Heard.
3.
In view of the submissions and the cause submitted in the application, the respondent No.3 is impleaded as a party. The application is allowed. Application stands disposed of. CRL.M.C. 6321/2018 1.
Amended memo of parties is taken on record.
2.
Status report has been filed.
3.
The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.114/2009 dated 27.6.2009 under Sections 323/341/325/336/506/34 of the Indian Penal Code, 1860 ('IPC'), registered at Police Station Kanjhawala, Delhi and the proceedings emanating therefrom. 4.
The petitioners as well as respondent Nos.2 & 3 submitted that the parties have amicably settled their matter in terms of Compromise Deed dated 6.12.2018 on their own free will, without any force or coercion with the intervention of the family members and respectable people of the locality and they are now living harmoniously and they assured the Court that they shall not fight in future and shall live as good citizens and may be given a chance to live peacefully. 5.
Respondent Nos.2 & 3 reiterated the aforesaid facts and stated that the matter between the parties stands settled on their own free will, without any force or coercion and the parties are now living peacefully. Respondent Nos.2 & 3 further submitted that in view of the compromise deed executed between the parties, the present petition may be allowed and the FIR may be quashed. 6.
Investigating Officer (I.O.) has identified the petitioners as well as respondent Nos.2 & 3 and has also verified about the settlement arrived at between the parties.
7.
In view of the aforesaid circumstances and the settlement arrived at between the parties, 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.114/2009 dated 27.6.2009 under Sections 323/341/325/336/506/34 of the IPC, registered at Police Station Kanjhawala, Delhi and the proceedings emanating therefrom are quashed, subject to the condition that the petitioners shall deposit, within ten days, a sum of Rs.5,000/- with the Delhi High Court Advocates' Welfare Fund and Rs.5,000/- 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.
8.
Petition is disposed of in above terms.
CHANDER SHEKHAR, J DECEMBER 18, 2018/rk