Dalip Kakkar v. State and Others

(17) CRL.M.C. 2252/2011 DALIP KAKKAR Petitioner Through l^lr.Sanjiv Kakra, Adv.

VERSUS

STATE AND OTHERS Respondent Through jvir.Naveen Sharma, APP (18) CRL.M.C. 2253/2011 DALIP KAKKAR & OTHERS Petitioners Through jVjr.Sanjiv Kakra, Adv.

VERSUS

JUSTICE V.K. SHALI ORDER o/o 29.08.2011

1. These are two petitions for quashing of FIR no.591/2006, u/S 199/419/468/471/511 IPG registered by P.S. Ashok Vihar and FIR No.169/2006, u/S 325/354/452/34 IPG, registered by P.S. Ashok Vihar in respect of which trial is pending before the Gourt of learned Mi^.

2. The ground for quashing of the aforesaid FIRs is that the present petitioners/accused has arrived at a settlement with the complainant. 2011:DHC:9700

3. The statements of both the parties have been recorded before the Registrar. Apart from this, the affidavits of both the parties are already on record.

4. It has been contended by the learned counsel for the petitioners that the subject matter of these two FIRs essentially pertains to a family dispute, which now stands mutually and amicably resolved between the parties. The dispute between the present complainant and one Tapasya Verma in respect of which FIRs have already been quashed in CrI.M.C.No.1613/2009 &. CrI.M.C. No.3/2010 on 11.01.2010 qua the petitioners in the said petitions.

5. On the basis of the compromise having been arrived at between Ms.Tapasya Verma and the present complainant, it is contended that in the larger interest of justice, no useful purpose would be served by keeping the aforesaid FIR and the consequent proceedings pending.

6. The learned APP does not have any objection to the quashing of the aforesaid FIR on the basis of compromise which has taken place between the present petitioner and the respondent/complainant.

7. I have gone through the record.

8. Having regard to the facts as stated above, I feel that no useful purpose would be served by keeping the aforesaid FIRs and the consequent charge sheet pending.

9. Accordingly, FIR no.591/2006, u/S 199/419/468/471/511 IPG registered by P.S. Ashok Vihar and FIR No.159/2006, u/S 325/354/452/34 IPG, registered by P.S. Ashok Vihar in respect of which trial is pending before the Gourt of learned MM are quashed qua the petitioners herein. However, this shall be subject to the petitioners depositing a sum of ?10,000/- as costs to be deposited in the Lawyers' Welfare Fund. The receipt of the aforesaid amount of ?10,000/- shall be produced before the Trial Gourt either on the next date or on the date when the application is moved before the Trial Gourt for closure of the other case.

10. The application is disposed of.