Full Text
CRL.M.C. 2804/2011
Ofo 1.
SUNNY & ORS. ..... Petitioners
Through Mr. A.K. Verma with Mr. Chaman Kumar, Advs.
HON'BLE MR. JUSTICE V.K. SHALl
14.09.2011 This is a petition for quashing for the FIR No.136/2011 u/S
452/308/427/34 IPC registered by PS Gandhi Nagar, in respect of which the charge-sheet is stated to have been filed in the competent court, Karkardooma, Delhi.
ORDER
2. The ground for quashing of,the FIR is that all the three petitioners have settled the matter with the respondent no2/complainant. It has been further stated that the petitioners and respondent no.2 are known to each other and living in the same locality. In order to maintain the peace in the society and with the intervention of the residents of the locality, they have arrived at a settlement on 19.8.2011. A copy of the Compromise Deed is placed on record as Annexure P-2. 1 1 "" _ ' ' I':__,_,c: ! ·;,~ _,,- ~ I' "'"?~ 2011:DHC:12263 All the three accused persons/petitio] as well as the.
3. '. respondent no.2/complainant are present in the Court today and they are duly identified by their respective counsel as well as the Investigating Officer. ~ I
4. The Court has also enquired from the respondent no2/complainant who is present in the Court, as to whether she would like the FIR to be quashed or not. She has consented to the quashing '~ on the ground that the petitioners are her close relatives. The affidavit.-! of the complainant - Smt. Kiran is also placed on record at page nos. 13/14 of the petition.
5. The learned APP in response to the advance copy of the petition having being received has stated that he does not have any objection to the quashing of the FIR on the ground that the parties are closely related and they have already settled the matter..~·~
6. Having regard to the aforesaid submissions made by learned counsel for the petitioners as well as learned APP, I feel no useful purpose will be served by continuing with the FIR and the consequent --'< charge-sheet, which is filed by the Investigating Agency in the competent court. Accordingly, the FIR No.136/2011 u/S 452/308/427/34 IPC registered by PS Gandhi Nagar and the consequent charge-sheet which has been filed in the competent court,,-! are quashed. However, this is a subject to the condition that all the three petitioners shall deposit a sL~m of Rs.5000/- each with the Delhi High court Legal Aid and Advisory Committee and the original receipts thereof shall be produced before the learned TrjCourt at the time of closure of the matter.
7. A photocopy of the said receipts shall also be filed in this Court.
8. With these observations, the petition stands disposed of. r SEPTEMBER 14, 2011 KA ~ V.K. SHALI,l:·,~ w ~•...J,.-! '-" ~ r.· 10!