Vinod Nihal v. State

Delhi High Court · 12 Aug 2011 · 2011:DHC:9037
Suresh Kait
CRL.M.C. 2407/2011
2011:DHC:9037
criminal appeal_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 394/34 IPC on the ground of settlement between parties before framing of charges, imposing costs on petitioners for misuse of court time.

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* IN THE HIGH COURT OF ·D'ElJH1
JUDGMENT

1 AT NEW DELHI + CRL.M.C. 2407/2011 VINOD NIHAL@ VINOD PEEHAL &,ORS..... Petitioners Through:Mr. Sunil/ Ahuja and Mr. Kanishk Ahuja, Adv.

VERSUS

STATE & ORS..... Respondents CORAM: Through:Ms. Rajdipa Behura, APP for the State Mr. Manoj Khatri, Adv. for R-2 HON.BLE MR.

JUSTICE SURES...

KAIT ORDER /o 12.08.2011

1. Vide FIR No.162/2010 dated 04.08.2010 a case under Section 394/34 of the Indian Penal Code was registered against the petitioners at PS Nihal Vihar on tl'ile complaint of respondent No.2 Anil Gahlot.

2. Ld. counsel for the petitioner submits that the matter has already been settled between the parties qua the aforesaid FIR and nothing further remains in the matter.

3. Respondent No.2, who is personally present along with his counsel, submits that since he has settled all the issues qua the aforesaid FIR he does not want to pursue the matter any further 2__ 2011:DHC:9037 and has no objection to the quashing of the aforesaid FIR.

4. Ld. counsel for the petitioner submits that the charge-sheet has already been filed and the charges have not yet been framed against the petitioners.

5. In the circumstances and in view of the statement of respondent No.2, I quash the FIR No.l62/2010 dated 04.08.2010 under Section 394/34 of the Indian Penal Code registered against the petitioners at PS Nihal Vihar and all the proceedings emanating therefrom.

6. Since the Government Machinery has been used and the precious time of the Court is consumed, therefore, I impose a cost of Rs.S,OOO/- each on petitioner No.1 and 3 to be deposited in 'Nirmal Chaya, Tihar Road, Mayapuri, Delhi' within one week from today. The proof of payment of cost shall be placed on -, record.

7. Crl. M.C. 2407/2011 is allowed and disposed of on the above terms.

AUGUST 12, 2011 RS SURESH KAIT,J