Full Text
Translation output
$'-4&43 HIGH COURT OF DELHI
CRL.M.C. 5442/2014
VARUN SHARMA & ORS
Through
CRL.M.C. 5442/2014
VARUN SHARMA & ORS
Through
VERSUS
Petitioners Mr.Mukesh Kalia, Adv. with Mr.Tushar Sharma,Adv. alongwith petitioners in person.
STATE (NCT OF DELHI) &ORS .....Respondents
Through Ms.Jasbir Kaur, AFP for the State along with SI Amit Rathor.
Mr.Karan Sachdeva, Adv. with Mr.Abhinav Sharma, Adv. for R-2 to 14 along with respondents in person.
STATE (NCT OF DELHI) &ORS .....Respondents
Through Ms.Jasbir Kaur, AFP for the State along with SI Amit Rathor.
Mr.Karan Sachdeva, Adv. with Mr.Abhinav Sharma, Adv. for R-2 to 14 along with respondents in person.
CRL.M.C. 5640/2014
DANNY BHATIA & ORS.
Through Petitioners Mr.Karan Sachdeva, Adv. with
Mr.Abhinav Sharma,Adv. along with petitioners in person.
DANNY BHATIA & ORS.
Through Petitioners Mr.Karan Sachdeva, Adv. with
Mr.Abhinav Sharma,Adv. along with petitioners in person.
VERSUS
STATE (NCT OF DELHI) & ORS. ..... Respondent
Through Mr.M.N.Dudeja, APP for the State along with SI Amit Rathor.
Mr.Mukesh Kalia, Adv. with Mr.Tushar Sharma, Adv. for R-2 to 14 along with respondents in person.
2015:DHC:10710
Through Mr.M.N.Dudeja, APP for the State along with SI Amit Rathor.
Mr.Mukesh Kalia, Adv. with Mr.Tushar Sharma, Adv. for R-2 to 14 along with respondents in person.
2015:DHC:10710
CORAM:
HON'BLE MR. JUSTICE MANMOHAN SINGH
13.03.2015 Parties are present in Court who have been identified by their respective counsel. The petitions are signed by all the petitioners and are also supported by their affidavits. They have also shown theiridentification proofs.
The above mentioned two petitions have been filed bythe petitioners under Section 482 of the Code of Criminal Procedure seeking quashing of
FIR No. 142/2011 under Sections 147/148/149/323/506 IPC and FIR
No.172/2011 under Sections 307/34 IPC, Police Station Model Town, Delhi.
The aforesaid FIRs are registered on the basis of complaint lodged by the complainants in respective cases.
It is stated in the petitions that during the pendency of the proceedings, both the parties have settled their disputes in terms of
Memorandum of Understanding dated lO^*" September, 2014. The parties have no objection if both the FIRs are quashed as they have compromised the matter by virtue of said MOU dated 10^*" September, 2014 which is signed by them.
In view of the averments made in the petitions, I am of the opinion that no useful purpose would be served in continuing the the proceedings arising outof the above said FIRs. Accordingly, theproceedings arisen from the FIR No.142/2011 under Sections 147/148/149/323/506 IPC and FIR
No.172/2011 underSections 307/34 IPC, Police Station Model Town, Delhi, are hereby quashed qua the petitioners, subject to the condition that all the petitioners in both petitions shall furnish personal bonds for good conduct before the learned Trial Court for a period of oneyear stating thatthey will maintain peace and good conduct.
Since State machinery has been used, the petitioners in both the petitions shall deposit Rs.20,000/- each except petitioners Kapil, son of
Ramesh, Pradeep, son of Satpal Singh, and Amit, son of Ajeet Singh, in
Crl.M.C. No.5442/2014, with the Delhi High Court Legal Services
Committee within four weeks. Mr.Jaspal Singh, petitioner No.4 in Crl.M.C.
No.5640/2014, who is having revolver (Smith & Wason) No.H86424, License No.14874 (Delhi License), shall deposit Rs.80,000/- with the Delhi
High Court Legal Services Committee within four weeks. The said revolver, which has been deposited on 5^ April, 2014 at 2.45 pm at Kiran
Gun House, Model Town, for personal reasons, shall not be released to him for a period of five years from today and his License No.14874 be suspended for said period.
Copy of the order be sent to Kiran Gun House, Model Town and concerned authority ofissuing Licence for Compliance.
The receipts shall be filed within two weeks after the deposit of the said amount. The petitionersare agreeableto deposit the said amountwithin the time granted by the Court. Copy ofthe receipts also be given to the 10.
In case the receipts are not filed, the matter be listed before Court for recalling of orders passed today.
Both the petitions stand disposed of. Dasti.
[Qja* A MARCH 13,2015/jk
13.03.2015 Parties are present in Court who have been identified by their respective counsel. The petitions are signed by all the petitioners and are also supported by their affidavits. They have also shown theiridentification proofs.
The above mentioned two petitions have been filed bythe petitioners under Section 482 of the Code of Criminal Procedure seeking quashing of
FIR No. 142/2011 under Sections 147/148/149/323/506 IPC and FIR
No.172/2011 under Sections 307/34 IPC, Police Station Model Town, Delhi.
The aforesaid FIRs are registered on the basis of complaint lodged by the complainants in respective cases.
It is stated in the petitions that during the pendency of the proceedings, both the parties have settled their disputes in terms of
Memorandum of Understanding dated lO^*" September, 2014. The parties have no objection if both the FIRs are quashed as they have compromised the matter by virtue of said MOU dated 10^*" September, 2014 which is signed by them.
In view of the averments made in the petitions, I am of the opinion that no useful purpose would be served in continuing the the proceedings arising outof the above said FIRs. Accordingly, theproceedings arisen from the FIR No.142/2011 under Sections 147/148/149/323/506 IPC and FIR
No.172/2011 underSections 307/34 IPC, Police Station Model Town, Delhi, are hereby quashed qua the petitioners, subject to the condition that all the petitioners in both petitions shall furnish personal bonds for good conduct before the learned Trial Court for a period of oneyear stating thatthey will maintain peace and good conduct.
Since State machinery has been used, the petitioners in both the petitions shall deposit Rs.20,000/- each except petitioners Kapil, son of
Ramesh, Pradeep, son of Satpal Singh, and Amit, son of Ajeet Singh, in
Crl.M.C. No.5442/2014, with the Delhi High Court Legal Services
Committee within four weeks. Mr.Jaspal Singh, petitioner No.4 in Crl.M.C.
No.5640/2014, who is having revolver (Smith & Wason) No.H86424, License No.14874 (Delhi License), shall deposit Rs.80,000/- with the Delhi
High Court Legal Services Committee within four weeks. The said revolver, which has been deposited on 5^ April, 2014 at 2.45 pm at Kiran
Gun House, Model Town, for personal reasons, shall not be released to him for a period of five years from today and his License No.14874 be suspended for said period.
Copy of the order be sent to Kiran Gun House, Model Town and concerned authority ofissuing Licence for Compliance.
The receipts shall be filed within two weeks after the deposit of the said amount. The petitionersare agreeableto deposit the said amountwithin the time granted by the Court. Copy ofthe receipts also be given to the 10.
In case the receipts are not filed, the matter be listed before Court for recalling of orders passed today.
Both the petitions stand disposed of. Dasti.
[Qja* A MARCH 13,2015/jk
JUDGMENT