Ram Kumar & ORS. v. State & ANR.

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6325/2018 RAM KUMAR & ORS.

.... Petitioners Through:

Mr. Kanwar Kocchar, Advs.

with petitioners in person versus STATE & ANR.

.... Respondents Through:

Mr. Kamal Kumar Ghei, APP with SI Naveen, PS Kanjhawala Mr. Sumiy Choudhary and Ms.

AAkanksha Bansal, Advs. for R-2 & 3 with R-2 & 3 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 18.12.2018 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.115/2009 dated 27.6.2009 under Sections 323/341/336/506/34 of the Indian Penal Code, 1860 ('IPC'), registered at Police Station Kanjhawala, Delhi and the proceedings emanating therefrom. 2.

Learned counsel for the petitioners as well as respondent No.2 submitted that the parties have amicably settled their matter vide 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. The parties 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.

3.

Respondent No.2 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 No.2 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.

4.

Investigating Officer (I.O.) has identified the petitioners as well as respondent No.2 and has also verified about the settlement arrived at between the parties.

5.

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.115/2009 dated 27.6.2009 under Sections 323/341/336/506/34 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 aforesaid amount, the prosecution shall be entitled to move an application for passing appropriate orders.

6.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J DECEMBER 18, 2018/rk