KWSI-INA DEVI & ORS v. STATE & ANR

1. This is a Petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) preferred by the Petitioners for quashing of FIR No.135/2011, registered under Sections 308/341/34 IPC at Police Station Baba Haridas Nagar and consequential proceedings arising out of the same.

2. FIR No. 135/2011 was registered on the statement made by Smt. Nirmal Respondent No.2 (the Complainant-injured) on the allegations that on the evening of 18.08.2011 all the Petitioners gave beatings to Respondent No.2 on the issue of a buffalo left loose by Respondent No.2. Due to 2013:DHC:7327 these beatings Respondent No.2 received injuries and was admitted to Base Hospital, Delhi Cantt. where her statement was recorded, resulting into registration of the present FIR.

3. It is stated that since both the parties are neighbours and Imown to each other, with the intei-vention of family members, common friends, well wishers and the respectable members of the society, they decided to settle all their differences and disputes.

4. The learned counsel for the Petitioners submits that the all the Petitioners have amicably settled their disputes with the Respondents No.2 and that Respondent No.2 is not left with any claim or grievance of any nature against the Petitioners and, therefore, no useful purpose would be served by continuance of the criminal proceedings against Petitioners. A Compromise Deed dated 28.02.2013 entered into between the parties to this effect is annexed to the Petition as Annexure P-3. The counsel, therefore, prays for quashing of the FIR and all subsequent proceedings arising out of the said FIR.

5. Both the parties are present in person. They are identified by SI Raj Kumar, 10 of the case. They submit that they have filed Affidavits with regard to the Settlement and that the Settlement has been arrived at between them without any pressure, force, coercion and undue influence. Respondent No.2 also pray^ that the FIR in question may be quashed against the Petitioners.

6. In view of the aforesaid amicable settlement arrived at between the parties, in my view, no useful purpose would be sei-ved by continuing the criminal proceedings against the Petitioners which will be only an exercise in futility and wastage ofprecious time of the Court.

7. Accordingly, the Petition is allowed and FIR No. 135/2011, registered under Sections 308/341/34 IPG at Police Station Baba Haridas Nagar and all the proceedings arising therefrom as against the Petitioners are quashed, subject to their paying a sum of ^"20,000/- with the "Army Central Welfare Fund" at Director, Accounts Section, Room No.281B, Ceremonial and Welfare Directorate, Adjutant General's Branch, South Block, Integrated HQ of MoD (Army), New Delhi within four weeks and file a receipt with the Registrar General of this Court within two weeks thereafter.

8. Pending application also stands disposed of G.P. MITTAL, J. APRIL 08, 2013 vk