Pranshu Arora & ANR. v. State & ORS.

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + PRANSHU ARORA & ANR.

..... Petitioners Through:

Mr. Amandeep Singh and Mr. Udhey Vir Singh, Advocates with petitioners in person versus STATE & ORS.

..... Respondents Through:

Mr. Mukesh Kumar, APP for State with SI Rajender, PS - Malviya Nagar R-2 and 3 in person

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 11.02.2020 CRL.M.A. 46/2020 1.

Heard.

2.

Petition is restored to its original number.

3.

Application stands allowed and disposed of accordingly. 1.

The present proceedings are instituted seeking quashing of FIR No.823/2015 under Sections 323/341/354/509/34 IPC registered at Police Station Malviya Nagar on the ground of settlement having been arrived at between the petitioners and respondents No. 2 & 3.

2.

Learned APP for the State, on instructions, submits that the charge sheet in the present case has been filed under the aforesaid sections against the present petitioners and respondents No. 2 and 3 are the only complainants/victims.

3.

As per the prosecution case, the present FIR has been filed by respondents No. 2 and 3 against the present petitioners, on account of quarrel that took place between the parties. When the Respondents were unloading the material from the vehicle, the Petitioners started arguing with the Respondents over parking of the vehicle and physically assaulted Respondents No.2 and 3.

4.

Learned counsels for the parties submit that parties have entered a settlement out of Court. In terms of the settlement, respondents No.2 and 3 are now left with no claim whatsoever against the petitioners. 5.

The petitioners, who are present in person, are identified by their counsel as well as by the Investigating Officer. Respondents No.2 and 3, who are also present in person, are also identified by the Investigating Officer. The petitioners have shown remorse for their conduct and have undertaken not to repeat the same in future.

6.

Respondents No.2 and 3 state that they have entered the settlement with the petitioners out of their own free will, volition and without any undue force, pressure or coercion. They further state that the petitioners have not repeated the same incident and that they have no objection if the present FIR and consequent proceedings are quashed.

7.

Learned counsels for the parties submit that no other proceedings are pending between the parties.

8.

The parties shall remain bound by their statements made in Court today.

9.

In view of the settlement arrived at between the parties voluntarily, in my view, no useful purpose will be served in continuance of the present criminal proceedings. Accordingly, in the interest of justice, aforesaid FIR and the consequent proceedings emanating therefrom are hereby quashed, subject to payment of costs of Rs.15,000/- each, out of which Rs.10,000/- shall be paid to the respondents no. 2 and 3 by way of demand draft through Investigating Officer and Rs.5,000/- shall be deposited with Delhi High Court Legal Services Committee by the petitioners within four weeks from today. Proof of deposit be filed in Court as well as with the IO. 10.

With the above directions, the petition is disposed of. 11.

Order dasti to the counsels for the parties.

MANOJ KUMAR OHRI, J FEBRUARY 11, 2020 PB