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$^42 & 44 HIGH COURT OF DELHI
CRL.M.C. 4403/2014
ANUJ MALHOTRA & ORS Petitioners
Through Petitioners with their counsel Mr. Rajpal Singh and Mr. Sandeep Singh
Kuhar, Advs.
CRL.M.C. 4403/2014
ANUJ MALHOTRA & ORS Petitioners
Through Petitioners with their counsel Mr. Rajpal Singh and Mr. Sandeep Singh
Kuhar, Advs.
VERSUS
THE STATE & ANR Respondents
Through Ms. Kusum Dhalla, APP for the State along with SI Roop Lai.
R-2 in person.
Through Ms. Kusum Dhalla, APP for the State along with SI Roop Lai.
R-2 in person.
CRL.M.C. 2168/2015 & Crl.
M.A. No.7710/2015
RAJ SINGH RANA
Petitioner
Through Petitioner with his counsel Mr. Rajpal Singh and Mr. Sandeep Singh Kuhar, Advs.
M.A. No.7710/2015
RAJ SINGH RANA
Petitioner
Through Petitioner with his counsel Mr. Rajpal Singh and Mr. Sandeep Singh Kuhar, Advs.
VERSUS
STATE (NCT OF DELHI) & ANR Respondents
Through Ms. Kusum Dhalla, APP for the State along with SI Roop Lai.
Complainant in person.
Through Ms. Kusum Dhalla, APP for the State along with SI Roop Lai.
Complainant in person.
CORAM:
HON'BLE MS. JUSTICE INDERMEET KAUR
27.08.2015 Present petitions seek quashing of FIR No. 424/2010 registered under Sections 342/406/34 of the IPC as also Section 3 (i) (x) of the
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 at PS Alipur. This was on the complainant of respondent No. 2
2015:DHC:11302 namely Dr. Tek Chand who is present in Court. His presence is identified by the Investigating Officer who is present in Court today.
Crl M.C. No. 4403/2014 had been filed seeking quashing of the
FIR qua four petitioners; thereafter a settlement having been arrived by the complainant with the fifth accused, Crl. M.C. No.2168/2015 was also preferred.
This Court notes that the FIR had been registered against the five persons.
Charge-sheet has been filed. Charges have been framed and in fact the matter was at the progress of trial when these petitions came to be filed. A compromise deed evidencing the settlement arrived at between the parties has been placed on record separately in both the petitions. Learned counsel for the petitioners submits that this Court has wide powers to quash even offences which have been registered under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)
Act, 1989 and for this proposition reliance has been placed a
27.08.2015 Present petitions seek quashing of FIR No. 424/2010 registered under Sections 342/406/34 of the IPC as also Section 3 (i) (x) of the
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 at PS Alipur. This was on the complainant of respondent No. 2
2015:DHC:11302 namely Dr. Tek Chand who is present in Court. His presence is identified by the Investigating Officer who is present in Court today.
Crl M.C. No. 4403/2014 had been filed seeking quashing of the
FIR qua four petitioners; thereafter a settlement having been arrived by the complainant with the fifth accused, Crl. M.C. No.2168/2015 was also preferred.
This Court notes that the FIR had been registered against the five persons.
Charge-sheet has been filed. Charges have been framed and in fact the matter was at the progress of trial when these petitions came to be filed. A compromise deed evidencing the settlement arrived at between the parties has been placed on record separately in both the petitions. Learned counsel for the petitioners submits that this Court has wide powers to quash even offences which have been registered under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)
Act, 1989 and for this proposition reliance has been placed a
ORDER
of a Bench of this Court reported as 2014 (7) LRC 356 (Del) Basant
Kumar Mishra and Anr. Vs. State and Anr. The Bench of this Court had noted that the object of quashing of the proceedings is to secure the ends of justice and to prevent the abuse of the process of the Court.
Learned counsel for the petitioners submits that since the parties have now arrived at a settlement with the intervention of the well-wishers of the locality, it would be in the interest of justice not only of the individual concerned but in the interest of the State that piece and harmony is maintained and proceedings bepermitted to bequashed.
Learned APP for the State submits that if at all the present FIR is permitted to be quashed it should be quashed subject to costs as the
State machinery has been put in to motion and the State has incurred expenses.
Accordingly, FIR No. 424/2010 registered under Sections
342/406/34 of the IPG as also Section 3 (i) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 at PS Alipur as also the proceedings emanating therefrom are quashed subject to payment of Rs.30,000/- to be deposited by the petitioners inthe account of Juvenile Justice Board maintained with the UCO.Bank, Delhi High
Court Branch/Delhi High Court Legal Services Comr
Petitions disposed of littee.
INDERMEET KAUR, J AUGUST 27, 2015 A
Kumar Mishra and Anr. Vs. State and Anr. The Bench of this Court had noted that the object of quashing of the proceedings is to secure the ends of justice and to prevent the abuse of the process of the Court.
Learned counsel for the petitioners submits that since the parties have now arrived at a settlement with the intervention of the well-wishers of the locality, it would be in the interest of justice not only of the individual concerned but in the interest of the State that piece and harmony is maintained and proceedings bepermitted to bequashed.
Learned APP for the State submits that if at all the present FIR is permitted to be quashed it should be quashed subject to costs as the
State machinery has been put in to motion and the State has incurred expenses.
Accordingly, FIR No. 424/2010 registered under Sections
342/406/34 of the IPG as also Section 3 (i) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 at PS Alipur as also the proceedings emanating therefrom are quashed subject to payment of Rs.30,000/- to be deposited by the petitioners inthe account of Juvenile Justice Board maintained with the UCO.Bank, Delhi High
Court Branch/Delhi High Court Legal Services Comr
Petitions disposed of littee.
INDERMEET KAUR, J AUGUST 27, 2015 A