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$-30 HIGH COURT OF DELHI
CRL.M.C. 2360/2011 & Crl.M.A. 8629/2011 (stay)
KANIYA RAM & ORS Petitioner
Through Mr. Davinder N. Grover, Adv. with petitioners in person.
CRL.M.C. 2360/2011 & Crl.M.A. 8629/2011 (stay)
KANIYA RAM & ORS Petitioner
Through Mr. Davinder N. Grover, Adv. with petitioners in person.
VERSUS
STATE & ORS Respondent
Through Mr. Manoj Ohri, APP for State with Mr. Lahari Singh, Assistant Sub-
Inspector, P.S. Tuglak Road.
Mr. Vishal Panwar, Adv. for complainant with R-2 to 5 in person.
Through Mr. Manoj Ohri, APP for State with Mr. Lahari Singh, Assistant Sub-
Inspector, P.S. Tuglak Road.
Mr. Vishal Panwar, Adv. for complainant with R-2 to 5 in person.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
19.08.2011 By this petition the Petitioners seeks quashing of FIR No. 63/2010 under Section 341/308/323/34 IPG registered at P.S. Tughlak Road on the ground that the partieshave amicably resolved the matter.
The prosecution case in nutshell is that the abovementioned FIR was registered on the complaint of Makhan Singh, the Respondent No.2 herein.
The Petitioners quarreled over a petty matter regarding the children and on
8^^ May, 2010 at about 10.30 PM Kanhiya Lai along with Sant Lai Paswan
19.08.2011 By this petition the Petitioners seeks quashing of FIR No. 63/2010 under Section 341/308/323/34 IPG registered at P.S. Tughlak Road on the ground that the partieshave amicably resolved the matter.
The prosecution case in nutshell is that the abovementioned FIR was registered on the complaint of Makhan Singh, the Respondent No.2 herein.
The Petitioners quarreled over a petty matter regarding the children and on
8^^ May, 2010 at about 10.30 PM Kanhiya Lai along with Sant Lai Paswan
CRL.M.C 2360/2011
V
2011:DHC:10743 caught his brother and Kanhiya Lai gave stick blows to his brother on his head and when the complainant and Rajan tried to save him from Kanhiya
Lai they hit the Respodnent No.2 and his brother-in-law Rajan with danda on his head and other parts of the body. In the meanwhile wife of Makhan
Singh came into and wife of Kanhiya gave danda blow to the wife of
Makhan Singhresulting in injuriesto the Respondent.
Respondent No. 2 to 5 are present inperson and are identified by their counsel and Investigating Officer. They state that the Petitioners and
Respondent No.2-5 have amicably settled the matter. They further state that in view of the settlement between the parties, they do 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. 63/2010 under Section 341/308/323/34 IPC registered atP.S. Tughlak Road and proceedings pursuant thereto are hereby
V
2011:DHC:10743 caught his brother and Kanhiya Lai gave stick blows to his brother on his head and when the complainant and Rajan tried to save him from Kanhiya
Lai they hit the Respodnent No.2 and his brother-in-law Rajan with danda on his head and other parts of the body. In the meanwhile wife of Makhan
Singh came into and wife of Kanhiya gave danda blow to the wife of
Makhan Singhresulting in injuriesto the Respondent.
Respondent No. 2 to 5 are present inperson and are identified by their counsel and Investigating Officer. They state that the Petitioners and
Respondent No.2-5 have amicably settled the matter. They further state that in view of the settlement between the parties, they do 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. 63/2010 under Section 341/308/323/34 IPC registered atP.S. Tughlak Road and proceedings pursuant thereto are hereby
CRL.M.C. 2360/2011 r- quashed.
Parties have signed this order sheet in aclaiowledgment of their statements made before this Court.
Thepetition andthe pending application are disposed of Order dasti.
MUKTA GUPTA,J AUGUST 19, 2011 'ga'
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Parties have signed this order sheet in aclaiowledgment of their statements made before this Court.
Thepetition andthe pending application are disposed of Order dasti.
MUKTA GUPTA,J AUGUST 19, 2011 'ga'
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\ \AiMK (k!, ^
CRL.M.C.2360/2011^. page3of3
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JUDGMENT