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$-29 HIGH COURT OF DELHI
CRLM.C. 2641/2011
GAYAN LAL PANDIT & ORS Petitioner
Through: Mr. D.D. Sharma,Adv.
Through: Ms. Rajdipa Behura, APP along with ASI Desh Raj, P.S. Gazipur.
Mr. D.K. Mathur, Adv. for complainant.
11.08.2011
Allowed subject to all just exceptions.
ORDER
1. Notice. Ms. Rajdipa Behura, learned APP accepts notice on behalf of State.
2. An FIR No.100/2011 was registered under Sections 452/427/323/34 Indian Penal Code, 1860 at P.S Gazipur against the petitioners.
3. Learned counsel for the petitioner submits that the matter has already been compromised between the petitioners and respondent No. 2 arid no issue is pending amongst the parties.
4. Learned APP for State submits that the charge sheet in the matter is ready and shall be filed in due course of time.
5. Complainant/respondent No.2/Sh. Mann Singh is personally present in the court today has been duly identified 2011:DHC:9012 by Mr. D.K. Mathur, Advocate. He has produced the original Identity card issued by Election Commission of India vide registration No.DL/04/038/270126. The same is returned to respondent No.2 after being seen.
6. Respondent No. 2 submits that he does not want to pursue the case further and he has no objection if the aforementioned FIR is quashed.
7. In the circumstances and in view of the statement of respondent of Respondent No.2, I quash the FIR No.100/2011 registered under Sections 452/427/323/34 Indian Penal Code, 1860 at P.S Gazipur against the petitioners and all the proceedings emanating therefrom.
8. Since the Government Machinery has been used and the precious time of Court is consumed, therefore, I impose a cost of Rs.10,000/- each on petitioner No.l and 2 and a cost of Rs.3,000/- on petitioner No. 3 to be deposited in Delhi Police Welfare Society Fund, within a period of three days from today. The proof of payment of cost shall be placed on record.
9. CrI. M.C. 2641/2011 is allowed and disposed of on the above terms.
AUGUST 11, 2011 j SURESH KAIT, J '.-c' l.-