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y (p $-62 & 15 HIGH COURT OF DELHI
CRL.M.C. 2112/2015
PANKAJ ANAND & ORS Petitioners
Through Mr.ChiragKhurana, Adv.
CRL.M.C. 2112/2015
PANKAJ ANAND & ORS Petitioners
Through Mr.ChiragKhurana, Adv.
VERSUS
STATE & ORS
Through Respondents Mr.M.N.Dudeja, APP for the State.
Mr.Sumit Gaba, Adv. for R-2 to 6.
Through Respondents Mr.M.N.Dudeja, APP for the State.
Mr.Sumit Gaba, Adv. for R-2 to 6.
CRL.M.C. 1793/2015
KULDEEP & ORS Petitioners
Through Mr.Sumit Gaba, Adv. STATE & ORS
KULDEEP & ORS Petitioners
Through Mr.Sumit Gaba, Adv. STATE & ORS
VERSUS
Respondents
Through Mr.M.N.Dudeja, APP for the State.
Mr.Chirag Khurana, Adv. for R-2 to R-5.
Through Mr.M.N.Dudeja, APP for the State.
Mr.Chirag Khurana, Adv. for R-2 to R-5.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN SINGH
19.05.2015 Crl.
M.A. No.7508/2015 (exemption) in Crl. M.C. No.2112/2015
Exemption allowed, subjectto just exceptions.
The application is disposed of Crl. M.C. No.2112/2015 & Crl.
M.A. No.7509/2015 and
Crl. M.C. No.1793/2015 & Crl.
M.A. No.6491/2015
These are two petitions filed by the petitioners under Section 482
2015:DHC:11195 Cr.P.C. for quashing of two cross FIR Nos. 153/2015 & 154/2015, under
Section 308/34 IPG at P.S. Kirti Nagar, Delhi.
Brief facts are that on 6^^ March, 2015, a scuffle took place between the parties. On the basis of the complaint made by Kuldeep (respondent
No.2 in Crl. M.C. No.2112/2015), the FIR No.153/2015 was registered against Pankaj Anand and three others, namely, Ashwani Anand, Kunal
Anand and Prateek on 7^^ March, 2015. On the other hand, Pankaj Anand
(respondent No.2 in Crl. M.C. No.1793/2015) also made a complaint in respect of the same incident, on the basis of which the cross FIR
No.154/2015 was registered against Kuldeep and four others, namely, Nitin
Kapoor, Deepesh Johar, Arvind Takkar and Gaurav Kalra on the next day, i.e. 8"^ March, 2015.
Since the pa,rties are neighbours, subsequently, they have settled their disputes amicably byvirtue ofSettlement-cum-Compromise Deed dated 10^^
March, 2015. Copy of the same is placed on the record, which is duly signed by the parties. They are also present in Court and are duly identified by their respective counsel. They have confirmed the said settlement.
Considering the facts and circumstances of the case, in order to maintain peace and harmony between the parties and in view of the averments made in the petitions as well as the settlement arrived at between the parties, the FIR Nos.153/2015 & 154/2015, under Section 308/34 IPC at
P.S. Kirti Nagar, Delhi and proceedings pursuant thereto are hereby quashed qua therespective petitioners, subject tothe following conditions:-
(i) All the petitioners, except Kunal Anand, in both the petitions shall deposit Rs.25,000/- each as cost, whereas petitioner Kunal
Anand shall deposit Rs.50,000/- as cost in view of his
\ involvement in the crime which was much higher than the other parties as initially he started fighting. The said costs shall be deposited by them with the Prime Minister's National Relief
Fund within four weeks from today. The original receipts of depositing the costs shall be filed by the petitioners in the
Registry within six weeks and a copy thereof be also handed over to the 10.
(ii) All the petitioners in both the petitions shall furnish their personal bonds for good conduct for aperiod ofnext five years stating that they will maintain peace and good conduct during this period. The said bonds shall be furnished by them before the Registrar General of this Court within four weeks from today and copies thereof be also handed over to the SHO concerned.
In failure to comply with the above said conditions by the petitioners within the stipulated period, the matters shall be listed before Court for further directions.
The petitions are accordingly disposed of. Pending applications also stand disposed of
Dasti, under the signatures ofthe Court Master. rOHAN SI
MAY 19,2015/ka
19.05.2015 Crl.
M.A. No.7508/2015 (exemption) in Crl. M.C. No.2112/2015
Exemption allowed, subjectto just exceptions.
The application is disposed of Crl. M.C. No.2112/2015 & Crl.
M.A. No.7509/2015 and
Crl. M.C. No.1793/2015 & Crl.
M.A. No.6491/2015
These are two petitions filed by the petitioners under Section 482
2015:DHC:11195 Cr.P.C. for quashing of two cross FIR Nos. 153/2015 & 154/2015, under
Section 308/34 IPG at P.S. Kirti Nagar, Delhi.
Brief facts are that on 6^^ March, 2015, a scuffle took place between the parties. On the basis of the complaint made by Kuldeep (respondent
No.2 in Crl. M.C. No.2112/2015), the FIR No.153/2015 was registered against Pankaj Anand and three others, namely, Ashwani Anand, Kunal
Anand and Prateek on 7^^ March, 2015. On the other hand, Pankaj Anand
(respondent No.2 in Crl. M.C. No.1793/2015) also made a complaint in respect of the same incident, on the basis of which the cross FIR
No.154/2015 was registered against Kuldeep and four others, namely, Nitin
Kapoor, Deepesh Johar, Arvind Takkar and Gaurav Kalra on the next day, i.e. 8"^ March, 2015.
Since the pa,rties are neighbours, subsequently, they have settled their disputes amicably byvirtue ofSettlement-cum-Compromise Deed dated 10^^
March, 2015. Copy of the same is placed on the record, which is duly signed by the parties. They are also present in Court and are duly identified by their respective counsel. They have confirmed the said settlement.
Considering the facts and circumstances of the case, in order to maintain peace and harmony between the parties and in view of the averments made in the petitions as well as the settlement arrived at between the parties, the FIR Nos.153/2015 & 154/2015, under Section 308/34 IPC at
P.S. Kirti Nagar, Delhi and proceedings pursuant thereto are hereby quashed qua therespective petitioners, subject tothe following conditions:-
(i) All the petitioners, except Kunal Anand, in both the petitions shall deposit Rs.25,000/- each as cost, whereas petitioner Kunal
Anand shall deposit Rs.50,000/- as cost in view of his
\ involvement in the crime which was much higher than the other parties as initially he started fighting. The said costs shall be deposited by them with the Prime Minister's National Relief
Fund within four weeks from today. The original receipts of depositing the costs shall be filed by the petitioners in the
Registry within six weeks and a copy thereof be also handed over to the 10.
(ii) All the petitioners in both the petitions shall furnish their personal bonds for good conduct for aperiod ofnext five years stating that they will maintain peace and good conduct during this period. The said bonds shall be furnished by them before the Registrar General of this Court within four weeks from today and copies thereof be also handed over to the SHO concerned.
In failure to comply with the above said conditions by the petitioners within the stipulated period, the matters shall be listed before Court for further directions.
The petitions are accordingly disposed of. Pending applications also stand disposed of
Dasti, under the signatures ofthe Court Master. rOHAN SI
MAY 19,2015/ka
JUDGMENT