Full Text
HIGH COURT OF DELHI
CRL.M.C. 3503/2010 and CrLM.A. 17192/2010
SUNILKUMAR & ANR. Petitioners
Through: Mr. Tariq Yameen, Advocate with petitioners No.l and 2 in person.
Through: Mr. Navin Sharma, APP for the State.
Mr. Braham Singh, Advocate with respondent No.3 in person.
CORAjVj:
HON'BLE |V|S. JUSTICE HljVjA KOHLI ^ ORDER 11.11.2010
JUDGMENT
1. The present petition is filed by the petitioners under Section 482 of the Cr.PC praying inter alia for quashing of FIR No.377/2007, lodged by respondent No.3 against the petitioners under Sections 324/452/34 IPC, registered with Police Station: Sarita Vihar, New Delhi.
2. Counsel for the petitioners states that the petitioners and C " respondent No.3 are cousins and on the date of incident, i.e., on 19.05.2007, a quarrel took place between the parties on account of a piece of land situated at village Madanpur Khadar, New Delhi, which resulted in respondent No.3 lodging the aforesaid FIR against the CRL.M.C. 3503/2010 2010:DHC:9719 petitioners stating inter alia that the petitioners had physically assaulted him. It is now stated that during the pendency of the FIR, the parties have arrived at a settlement as recorded in the Compromise Deed (Page 6). It is therefore submitted that as there is no dispute pending between the parties, respondent No.3 has no objection to the FIR being quashed.
3. Respondent No.3 is present in Court alongwith his counsel. He confirms the aforesaid position and states that the settlement has been arrived at of his own free will and volition and without any undue influence or coercion from any quarters.
4. Learned APP for the State submits that after completion of investigation, charge-sheet has been filed and the matter is at the stage of evidence. However, in view of the settlement arrived at between the parties, he has no objection to the prayer made in the present petition being allowed.
5. This Court has heard counsels for the parties. In view of the submission made by respondent No.3 and in view of the fact that the parties have arrived at a settlement of their own free will and volition and without any undue influence or coercion from any quarters, no useful purpose will be served by proceeding further with the aforesaid FIR and the proceedings arising therefrom.
6. Accordingly, the petition is allowed in view of the aforesaid settlement arrived at between the parties. FIR No.377/2007 lodged by respondent No.3 with Police Station: Sarita Vihar, New Delhi, and all proceedings arising therefrom are quashed.
7. The petition is disposed of aiongwith the pending application. File be consigned to the record room. HI|V|A KOHLI,J 4 NOVEMBER 11, 2010 rkb ->