Vikas & Ors. v. Govt of NCT of Delhi

1. The present petition is filed by the petitioners under Section 482 Cr.P.C. praying inter alia for quashing of FIR No.94/2010 lodged by petitioner No.1 against petitioners No.2 to 6, under Sections 323/186/353/332/34 IPC, registered with PS Farsh Bazar, Delhi, and all proceedings arising therefrom.

2. Counsel for the petitioners states that due to a minor altercation which took place between petitioner No.1 and petitioners No.2 to 6 on 17.5.2010, in which petitioners No.7 & 8 were also injured, the aforesaid FIR came to be lodged by petitioner No.1. It is stated that petitioners No.2 to 8 are Safai Karamcharis with MCD and reside in the same locality. CRL.M.C. 2372/2010 Page No. l of 3 2010:DHC:9138 -•

3. Counsel for the petitioners states that during the pendency of the proceedings, with the intervention of neighbours and well wishers of the parties, they have amicably resolved all their inter se disputes and differences, as recorded in the Compromise Deed dated 7.6.2010 (Pages 28 to 30). He states that now, after the aforesaid compromise has been arrived at between the parties, there is no further dispute pending between them and that the present FIR may be quashed.

4. Petitioner No.1/complainant, who is present in Court, confirms the aforesaid position and states that in view of the aforesaid compromise arrived at between him and petitioners No.2 to 6, he has no objection to the aforesaid FIR lodged by him, being quashed. Petitioners No. 7 & 8, the victims are also present in Court and state that they also have no objection to the FIR being quashed.

5. Learned APP for the State, on instruction from the Investigating Officer, states that the matter is still at the stage of investigation and confirms the fact that the parties have arrived at a settlement. He, therefore, does not oppose the prayer made in the present petition.

6. This Court has heard the counsels for the parties. In view of the submissions made by petitioner No. l/complainant as also by petitioners No.7 & 8, and in view of the fact that the parties have arrived at a settlement of their own free will and volition and without CRL.M.C. 2372/2010 Page No.2 of 3 • any undue influence or coercion from any quarter, no useful purpose will be served by proceeding further with the aforesaid FIR and the proceedings arising therefrom.

7. Accordingly, the prayer made in the petition is allowed and FIR No.94/2010 lodged by the petitioner No. l/complainant with PS Farsh Bazar, Delhi and all proceedings arising therefrom are quashed.

8. The petition is disposed of. File be consigned to the record room.

DECEMBER 08, 2010 sk CRL.M.C. 2372/2010 HIMA KOHLI,J,,---- )