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High Court of DelhiW.P.(CRL)/524/2016

Banpreet v. State (NCT Of Delhi) & ANR

2016-04-01Hon'Ble Ms. Justice Sunita Gupta2 pages

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 524/2016 BANPREET ..... Petitioner Through Mr H.S. Dhawan, Adv. alongwith petitioner in person versus STATE (NCT OF DELHI) & ANR ..... Respondent Through Mr Ashish Aggarwal, ASC for State alongwith Sub Inspector Rajpal Police Station Tilak Nagar, Delhi Respondent No.2 and 3 present in person

CORAM:

HON'BLE MS. JUSTICE SUNITA GUPTA

O R D E R

% 01.04.2016 This is a petition under Article 226 of the Constitution read with Section 482 Cr.P.C. moved by the petitioner for quashing of FIR No.1345/2015 registered at Police Station Tilak Nagar, Delhi under Sections 452/354/323 IPC and consequent proceedings emanating therefrom on the ground that the parties have compromised the matter. It is submitted by counsel for the petitioner that the petitioner and the respondent nos.2 and 3 have compromised the matter and have arrived at an amicable settlement. The respondent No.2/complainant, and the respondent no.

3 / victims who are present in person (duly identified by the Investigating Officer of the case) submit that they have amicably resolved all disputes with the petitioner voluntarily without there being any threat, coercion or pressure of any sort and in view of the settlement arrived at between the parties, they do not want any action against the petitioner and do not have any objection to quashing of the instant FIR. Mr Ashish Aggarwal, ASC for State submits that in view of the settlement arrived at between the parties, he has no objection to quashing of FIR. However, on a trivial issue, the petitioner caused injuries to the respondent nos.2 and 3 with iron rod resulting in grevious injury to the respondent no.2 and simple injury to the respondent no.3 as such he is liable to compensate them.

Keeping in view the facts that the parties have compromised the matter with each other amicably, this matter deserves to be given a quietus as continuance of proceedings arising out of the FIR in question would be an exercise in futility and wastage of precious time of the Court. Accordingly, the petition is allowed and the FIR No.1345/2015 registered at Police

Station Tilak Nagar, Delhi under Sections 452/354/323 IPC and consequent proceedings emanating therefrom are hereby quashed subject to payment of Rs.50,000/- as compensation, out of which Rs.35000/- be paid to the respondent no.2 - Suresh Kumar and Rs.15,000/- to the respondent no.3 - Smt. Deepa by way of demand draft within two weeks from today. Copy of demand draft be placed on record.

The petition stands disposed of accordingly.

A copy of this order be given dasti to counsel for the petitioner. SUNITA GUPTA, J APRIL 01, 2016/rd