Full Text
JUDGMENT
27. &28. * IN THE HIGH COURT OF DELHI AT NEW DELHI + WP(CRL) 1365/2013 &W.P.(CRL) 1366/2013 Through: Mr. Asim, Advocate with petitioners in person.
VERSUS
STATE &ANR.. Respondents Through: Mr. Pawan Sharma, Standing Counsel (Crl.) with Mr. Sahil Mongia, Advocate and SI Rishi Sharma. Respondent No.2/complainant in person. CORAM: HON'BLE MS.
JUSTICE HIMA KOHLI ORDER o/o 27.08.2013
1. WP(CrL) No.1365/2013 has been filed been filed by the petitioner under Article 226 of the Constitution of India read with Section 482 of the Cr.P.C. praying inter alia for quashing of FIR No.660/2011 lodged by the respondent No.2/complainant (petitioner in W.P.(Crl.) 1366.2013) against him under Sections 323/341/34 IPC with PS Jamia Nagar, Delhi.
2. WP (Crl.) No.1366/2013 has been filed been filed by the petitioner under Article 226 of the Constitution of India read with W.P.(CRL) 1365/2013 &W.P.(CRL) 1366/2013 Page 1of[4] 2013:DHC:7533 Section 482 of the Cr.P.C. praying inter alia for quashing of FIR No.661/2011 lodged by the respondent No.2/complainant (petitioner in W.P.(Crl.) 1365/2013) against him under Sections 323/427/506/34 IPG read with Sections 25/27 of the Arms Act, with PS Jamia Nagar, Delhi.
2. Counsel for the petitioners states that the subject matter of the present FIRs is an incident that had occurred on 17.12.2012 when an altercation had taken place between the parties.
3. Counsel for the petitioners states that the matter is still at the stage of investigation and during the pendency of the proceedings, the parties have arrived at an out of court settlement, which has been reduced into writing by virtue of a Memorandum of Understanding dated 26.07.2013 and enclosed with the petitions as Annexure P-2. He therefore states that in view of the aforesaid settlement arrived at between the parties, the present FIRs may be quashed.
4. Learned Standing Counsel (Crl.) for.the State, on instructions from the 10, confirms the fact that the parties have arrived at an amicable settlement. He submits that the matters are still at the stage of investigation and there are no other cases pending against the petitioners. He states that in view of the aforesaid settlement W.p.(CRL) 1365/2013 &.W.P.(CRL) 1366/2013 Page 2of[4] "2 arrived at between the parties, the State has no objection to the present FIRS being quashed. He however submits that as valuabie manhours of the poiice have been spent on pursuing the present cases, if the Court is inclined to aiiow the present petitions, then costs may be imposed on the petitioners.
5. Having regard to the fact that the aforesaid settlement is stated to have been arrived at between the parties of their own free will and volition and without any undue influence or coercion from any quarter, there appears no iegai impediment in allowing the petitions. Accordingly, the prayers made in the petitions are allowed. FIR No.660/2011 registered under Sections 323/341/34 IPG with Jamia Nagar, Delhi and FIR No.661/2011 registered under Sections 323/427/506/34 IPG read with Sections 25/27 of the Arms Act, with PS Jamia IMagar, Delhi, and ali the proceedings arising therefrom are quashed, subject to the petitioners In both the petitions paying costs of ^20,000/- each in the following manner:- (a) The petitioner in W.P.(Crl.) 1365/2013 shail deposit costs of ^20,000/- in the following manner:- (i) ?10,000/- shall be deposited with the Delhi Police Welfare Society. W.P.(CRL) 1365/2013 &W.P.(CRL) 1366/2013 P^9e 3of[4],r- (ii) ?10,000/- shall be deposited with Bhagwan Mahaveer Viklang Sahayata Samiti, Ahinsa Bhawan, Shankar Road, New Rajender Nagar, New Delhi-110060. (b) The petitioner in W.P.(Crl.) 1366/2013 shall deposit costs of ?20,000/- in the following manner:- (i) ?10,000/- shall be deposited with Jamghat, a Group of Street Children, F-122, Saidullajab, Main M.B. Road, D- Block, Saket, New Delhi. (ii) ?10,000/- shall be deposited with Salam Balak Trust (NGO), DDA Community, 2"'' Floor, Chandi Wali Gali, Paharganj, Delhi.
6. The aforesaid costs shall be deposited within a period of two weeks and proof of deposit shall be placed on record with an advance copy to the learned Standing Counsel (Crl.) for the State.
7. The petitions are allowed and disposed of. HIMA KOHLI, 3 AUGUST n, 2013 sk/rkb W.P.(CRL) 1365/2013 &W.P.(CRL) 1366/2013 Page 4of[4]