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I i $'2 HIGH COURT OF DELHI
CRLM.C. 2983/2011
LOKESH SHARMA & ORS Petitioners
Through Mr. Vimal Puggal, Advocates
CRLM.C. 2983/2011
LOKESH SHARMA & ORS Petitioners
Through Mr. Vimal Puggal, Advocates
VERSUS
STATE & ORS Respondents
Through Mr. Sunil Sharma, APP for the State with ASI Harpal Singh.
Mr. Anand Prakash, Advocate for R-2 and R-3
Through Mr. Sunil Sharma, APP for the State with ASI Harpal Singh.
Mr. Anand Prakash, Advocate for R-2 and R-3
CORAM:
HON'BLE MR. JUSTICE V.K. SHALE This is a petition for quashing of FIR no.193/2009, u/S
323/308/506/34 IPC registered by P.S. Civil Lines, Delhi which is presently pending before the Court of Ms. Bimla Kumari, the learned Additional Sessions Judge-North, Tis Hazari Delhi.
The ground for quashing of the FIR is that the petitioners have settled the dispute with the respondent nos. 2 and All the petitioners are present in the Court and they have been duly identified by their counsel. The respondent nos. 2 and 3 are also present in the Court and have also been identified by their counsel. Affidavit of respondent nos. 2 and 3 are placed on record. They have also stated that they have settled the matter
2011:DHC:10010 with the petitioners and would not like to pursue a crimine against them. The Investigating Officer is also present. He has also identified the injured persons who are respondent nos. 2 and
3.
The learned APP also does not have any objection.
I have considered the submissions made by the learned counsel for the parties. Although compromise has been effected but initiation of criminal proceedings against the petitioners has resulted into wastage of the time of the police and the Court and therefore, in my considered opinion although the parties are permitted to arrive at a compromise with regard to the dispute but the same shall be subject to the deposit of costs.
Accordingly, subject to the deposit of costs of Rs.10,000/- by the petitioners with Delhi High Court Legal Services Committee, FIR no.193/2009, u/S 323/308/506/34 IPC registered by P.S. Civil
Lines, Delhi and the consequent proceedings which are pending before the Court of learned Additional Sessions Judge are a4ee quashed.
323/308/506/34 IPC registered by P.S. Civil Lines, Delhi which is presently pending before the Court of Ms. Bimla Kumari, the learned Additional Sessions Judge-North, Tis Hazari Delhi.
The ground for quashing of the FIR is that the petitioners have settled the dispute with the respondent nos. 2 and All the petitioners are present in the Court and they have been duly identified by their counsel. The respondent nos. 2 and 3 are also present in the Court and have also been identified by their counsel. Affidavit of respondent nos. 2 and 3 are placed on record. They have also stated that they have settled the matter
2011:DHC:10010 with the petitioners and would not like to pursue a crimine against them. The Investigating Officer is also present. He has also identified the injured persons who are respondent nos. 2 and
3.
The learned APP also does not have any objection.
I have considered the submissions made by the learned counsel for the parties. Although compromise has been effected but initiation of criminal proceedings against the petitioners has resulted into wastage of the time of the police and the Court and therefore, in my considered opinion although the parties are permitted to arrive at a compromise with regard to the dispute but the same shall be subject to the deposit of costs.
Accordingly, subject to the deposit of costs of Rs.10,000/- by the petitioners with Delhi High Court Legal Services Committee, FIR no.193/2009, u/S 323/308/506/34 IPC registered by P.S. Civil
Lines, Delhi and the consequent proceedings which are pending before the Court of learned Additional Sessions Judge are a4ee quashed.
JUDGMENT
6. The original receipt of the deposit of costs be produced before the Trial Court. V.K. SHALl,) SEPTEMBER29, 2011/b 2011:DHC:10010