Mohit Aggarwal & Ors. v. State & Anr.

1. The present petition is filed by the petitioners under Section 482 Cr.P.C. praying inter alia for quashing of FIR No.3O2/2007 lodged by respondent No.2, against the petitioners, under Sections 323/452/307/34 IPC read with Sections 25/27/30/54/59 of the Arms Act, registered with PS Shalimar Bagh, Delhi, and all proceedings arising therefrom.

2. Vide order dated 16.11.20L0, the State was directed to file a status report indicating inter alia if any other cases are pending against the petitioners.

3. Learned APP for the State states that though the status report could not be filed, he has received instructions from Investigating Officer that there is no other pending case against the petitioners. CRL.M.C. 2396/2070 o/o { 'r.i 2010:DHC:9230

4. On the last date of hearing, the statement of the counsel for the petitioners was recorded to the effect that the FIR in question arose out of an incident which occurred on 14.5.2007, when certain disputes took place between the parties, which resulted in exchange of hot words and blows between them. It was stated that a cross FIR No.613/2007 was lodged by the petitioners against the respondent No.2/complainant and his son regarding the same incident under Sections 307/325/324/342/34 IPC. Both the FIRs are registered with PS Shalimar Bagh, Delhi.

5. Counsel for the petitioners states that during the pendency of the aforesaid proceedings, the parties have arrived at an amicable settlement, as record€d in the Compromise Deed dated 1.6.2010 (Pages t[7] to 2I). As per the aforesaid compromise, both the parties state that they have resolved all their inter se disputes, with the intervention of family friends and well wishers and both the parties agreed to approach the Court for quashing of the respective FIRs. Hence, quashing of the present FIR is sought by the petitioners.

6. Respondent No.2/complainant, who is present in the Court and is represented through counsel, confirms the aforesaid position and states that he has arrived at the aforesaid settlement with the petitioners of his own free will and volition and without any undue cRL.M.C. 2396/2070 '-- \ influence or coercion from any quarter, and that he has no objection to the quashing of the aforesaid FIR lodged by him

7. Learned APP for the State states, on instructions from the Investigating Officer, that the matter has reached the stage of a trial in the court below and confirms the fact that the parties have arrived at a settlement. He submits that the State has no objection to the prayer made in the petition being allowed. He however, submits that in view of the fact that the petitioners have put into motion the legal machinery of the State, which has resulted in 'an incurring of unnecessary expenditure and wastage of court's time, costs may be imposed on the petitioners.

9. The petition is disposed of along with the pending application. File be consigned to the record room.

HIMA KOH LI,J DECEMBER 13,.2010 -j sk