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r $-65 HIGH COURT OF DELHI
CRL.M.C. 2904/2011
SHAMBHU PRASAD & ORS. Petitioner
Through Mr. Davinder N. Grover, Adv. with Petitioners in person.
CRL.M.C. 2904/2011
SHAMBHU PRASAD & ORS. Petitioner
Through Mr. Davinder N. Grover, Adv. with Petitioners in person.
VERSUS
STATE NCT OF DELHI & ORS. Respondent r Through Mr. Manoj Oliri, APP for State with
ASI Khajan Singh, P.S. Patel Nagar.
Mr. Vikas Bhaduria, Mr. Amrit Singh, Advs. for R-2 with R-2 in person.
ASI Khajan Singh, P.S. Patel Nagar.
Mr. Vikas Bhaduria, Mr. Amrit Singh, Advs. for R-2 with R-2 in person.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
02.09.2011 By this petition the Petitioners seek quashing of FIR No. 261/2009
^ under Section 308/323/34 IPG registered at P.S. Patel Nagar on the complaint ofMr. Amrik Singh, Respondent No.2.
The allegations as set out in the complaint are that the Respondent
No.2 was a tenant of which Petitioner No.l is the landlord. There was a dispute with regard to the reconstruction of the new toilet on which
Petitioner No.l along with his brothers Petitioners No.2 & 3 threatened
02.09.2011 By this petition the Petitioners seek quashing of FIR No. 261/2009
^ under Section 308/323/34 IPG registered at P.S. Patel Nagar on the complaint ofMr. Amrik Singh, Respondent No.2.
The allegations as set out in the complaint are that the Respondent
No.2 was a tenant of which Petitioner No.l is the landlord. There was a dispute with regard to the reconstruction of the new toilet on which
Petitioner No.l along with his brothers Petitioners No.2 & 3 threatened
CRL.M.C. 2904/2011
2011:DHC:9795 -r Respondent No.2 to teach lesson and thereafter Petitioner No.l pushed, Petitioner No.2 caught hold of him and Petitioner No.3 hit him with an iron rod resulting in the registration of the abovementioned FIR. As per the status report charge-sheet has only been filed against the Petitioners and there is no other victim or injured besides the Respondent No.2.
Respondent No.2 is present in person and is identified by his counsel and the Investigating Officer. He states that the Petitioners and Respondent
No.2 have entered into a Compromise. He further states that in view of the settlement between the parties, he does not want to pursue the abovementioned FIR and the proceedings pursuant thereto.
In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, rather the same would create further acrimony between them, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto.
Consequently, FIR No. 261/2009 under Section 308/323/34 IPC registered at P.S. Patel Nagar and proceedings pursuant thereto are hereby quashed.
2011:DHC:9795 -r Respondent No.2 to teach lesson and thereafter Petitioner No.l pushed, Petitioner No.2 caught hold of him and Petitioner No.3 hit him with an iron rod resulting in the registration of the abovementioned FIR. As per the status report charge-sheet has only been filed against the Petitioners and there is no other victim or injured besides the Respondent No.2.
Respondent No.2 is present in person and is identified by his counsel and the Investigating Officer. He states that the Petitioners and Respondent
No.2 have entered into a Compromise. He further states that in view of the settlement between the parties, he does not want to pursue the abovementioned FIR and the proceedings pursuant thereto.
In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, rather the same would create further acrimony between them, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto.
Consequently, FIR No. 261/2009 under Section 308/323/34 IPC registered at P.S. Patel Nagar and proceedings pursuant thereto are hereby quashed.
CRL.M.C. 2904/2011 page 2 of3
Parties have signed this order sheet in acknowledgment of their statements made before this Court.
The petition is disposed of Order dasti.
SEPTEMBER 02, 2011 '^MUKTA GUPTA,J 'ga' o^.'eL.-ext.^ll .
XO, 1-^-^ 5V3V/^ \I^
Parties have signed this order sheet in acknowledgment of their statements made before this Court.
The petition is disposed of Order dasti.
SEPTEMBER 02, 2011 '^MUKTA GUPTA,J 'ga' o^.'eL.-ext.^ll .
XO, 1-^-^ 5V3V/^ \I^
CRL.M.C. 2904/2011 page 3 of3
JUDGMENT