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High Court of DelhiW.P.(CRL)/41/2016

Rajender Sharma & ANR v. The Stat & ORS

2016-01-08Hon'Ble Mr. Justice Siddharth Mridul2 pages

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 41/2016 & CRL.M.A. 238/2016 RAJENDER SHARMA & ANR ..... Petitioners Through:

Mr D.K.Singh and Mr Ved Pal Singh, Advocates.

versus THE STAT & ORS ..... Respondents Through:

Mr R.S.Kundu, Addl. Standing Counsel (Crl.) with Mr Ankit Kr. Gulia, Advocate and SI Surender Pal Hooda, PS- Krishna Nagar.

Mr Pankaj Chauhan, Advocate for R-2.

CORAM:

HON'BLE MR. JUSTICE SIDDHARTH MRIDUL

O R D E R

% 08.01.2016 The present is a petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No.723/2015 under Sections 354/323/34 IPC registered at Police Station- Krishna Nagar, Delhi and the proceedings arising therefrom. The subject FIR came to be registered on a complaint filed by the respondent No.2/complainant against the petitioner No.1 and his wife. The subject dispute arose in a temple in which the petitioner No.1 is the Pujari. The complainant, who is present in person, states that the subject FIR was occasioned on account of a misunderstanding between the parties which has since been amicably resolved with the assistance of local residents and respectable persons.

The complainant, who is present in person and has been identified by the IO in the subject FIR SI Surender Pal Hooda, PS- Krishna Nagar, states that in view of the amicable resolution of the dispute which arose on account of a

misunderstanding between the parties, she is no longer keen to proceed with the subject FIR.

In view of the foregoing, since the dispute that arose out of a misunderstanding between the parties and the same has been settled without any undue influence, pressure or coercion by and between them amicably, no useful purpose will be served by proceeding with the subject FIR. Resultantly, the subject FIR No.723/2015 under Sections 354/323/34 IPC registered at Police Station- Krishna Nagar, Delhi and the proceedings arising therefrom are set aside and quashed qua the petitioners subject to their depositing a sum of Rs.10,000/- in aggregate with the Victims' Compensation Fund, Government of NCT of Delhi within a period of two weeks from today. The receipt of the said deposit shall be furnished to the IO in the subject FIR. With the above directions the writ petition is allowed and disposed of accordingly.

SIDDHARTH MRIDUL, J JANUARY 08, 2016 ` mk