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$--15 and 16 HIGH COURT OF DELHI
CRL.M.C.1632/2020
LAKHPRlT SINGH & ANR. ..... Petitioners
Through: Ms.Nishima Arora,Advocate with petitioners in person.
CRL.M.C.1632/2020
LAKHPRlT SINGH & ANR. ..... Petitioners
Through: Ms.Nishima Arora,Advocate with petitioners in person.
VERSUS
.,it STATE & ANR. ..... Respondents
Through: Mr.Kamal Kumar Ghei, APP for State with ASI Hans Raj, PS Tilak Nagar
Mr.Kshitiz Mahipal,Advocate for R-2 and 3
Through: Mr.Kamal Kumar Ghei, APP for State with ASI Hans Raj, PS Tilak Nagar
Mr.Kshitiz Mahipal,Advocate for R-2 and 3
CRL.M.C. 1642/2020
ASHISH SHARMA & ANR. ..... Petitioners
Through: Mr.Kshitiz Mahipal,Advocate
ASHISH SHARMA & ANR. ..... Petitioners
Through: Mr.Kshitiz Mahipal,Advocate
VERSUS
THE STATE & DRS. ..... Respondents
Through: Mr.Kamal Kumar Ghei, APP for State with SI Hans Raj, PS Tilak Nagar
Ms.Nishima Arora, Advocate for 2 and 3
Through: Mr.Kamal Kumar Ghei, APP for State with SI Hans Raj, PS Tilak Nagar
Ms.Nishima Arora, Advocate for 2 and 3
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
0/0 04.02.2021 In·as much as, the petitioners No. 1 to 4, namely, Lakhprit Singh, Gurjeet Singh, laimal Singh and Kuldeep Singh in Crl.M.C. No. 163212020 through the present petition seek the quashing of the FIR No.435/2019, PS
Tilak Nagar, registered under Sections 323/3411506/34 of the Indian Penal
2021:DHC:4472 J Code, ~ 860 and 1642/2020 and the petitioners no. 1 to 4, namely, Ashish
Sharma, Rahul Sharma, Ashok Sharma and litender Sharma in Crl.M.C. NO. 1642/2020 through the present petition seek the quashing of the FIR
No.436/2019, PS Tilak Nagar, registered under Sections 323/3411506/34 of the Indian Penal Code, 1860, respectively which are cross FIRs of which in relation to FIR No.435/2019, Police Station Tilak Nagar, the charge sheet has been filed but not yet filed in relation to FIR No.436/2019, Police
Station Tilak Nagar thus it has been considered appropriate to take up the matters together.
The petitioners of Crl.M.C. No. 1632/2020 as well as the respondents thereto, i.e., the respondents No.2 and 3 an9 the petitioners of Crl.M.C.
1642/2020 as well as the respondents 2 &3 to the said petition are all present and also identified by ASI Hansraj from Police Station Tilak Nagar as the petitioners being accused arrayed in the said FIR as the respondents of
.whom the respondent no.2 is the complainant and respondel1t No.3 being the injured in the same.
It has been stated by the complainant and the injured in relation to both the Crl.M.C. Nos. 1632/2020 and 1642/2020 that they do not oppose the prayer made by the petitioners No.1 to 4, namely, Lakhprit Singh, Gurjeet Singh, laimal Singh and Kuldeep Singh in Crl.M.C. No. 1632/2020 seeking the quashing of the FIR No.435/2019,PS Tilak Nagar, registered under Sections 32313411506/34 of the Indian Penal Code, 1860 and the prayer made by the petitioners No.1 to.4, namely, Ashish Sharma, Rahul
Sharma, Ashok Sharma and litender Sharma seeking the quashing of the
FIR No.436/2019, PS Tilak Nagar~·· registered under Sections
323/3411506/34 of the Indian Penal Cod~, ~"1890 respectively in view of the settlement arrived at between the parties vide a settlement deed dated
22.7.2020 in as much as the parties- to both the petitions live in the same locality and that they do not seek the continuation ofthe proceedings qua the said FIRs, i.e., FIR No. 435/2019 and FIR no. 436/2019 both of Police
Station Tilak Nagar nor do they want the accused therein to be punished in relation thereto and that they pave also stated that they have understood the implications ofthe statement made by them.
On behalf of the State the learned APP for the State in view of the settlement arrived at between the parties does not oppose the prayer made by the petitioners in both the Crl.M.Cs, i.e., Crl.M.C. No. 1632/2020 and
1642/2020 seeking· the quashing of the respective FIRs bearing NO. 43512019 and 43612019 both registered at Police Station Tilak Nagar and in view of the depositions of the complainant and injured of both the FIRs there is no reason to disbelieve the statement made by the complainant and the injured that they have made their statement voluntarily of their own accord. without any duress, pressure or coercion from any quarter, for maintenance of peace and harmony between the parties; it is considered appropriate to put a quietus to the litigation between them qua the said FIRs i.e the FIR No. 435/2019, Police Station Tilak Nagar, under Sections
323/341/506/34 ofthe Indian Penal Code, 1860 against the petitioners No.1 to 4, namely, LakhpritSingh, Gurjeet Singh, laimal Singh and Kuldeep
Singh in Cr1.M.C. No. 1632/2020 arrayed as accused therein and FIR
No,436/2019, PS Tilak Nagar, registered under Sections 323/341/506134 of the Indian Penal Code, 1860, against the petitioners nO. 1 to 4, namely, Ashish Sharma, Rahul Sharma, Ashok Sharma and litender Sharma in
Crl.M.C. no. 1642/2020, which FIRs are thus quashed.
\b The petitions are disposed ofaccordingly.
ANU MALHOTRA:J)
FEBRUARY 4, 20211SV
•
0/0 04.02.2021 In·as much as, the petitioners No. 1 to 4, namely, Lakhprit Singh, Gurjeet Singh, laimal Singh and Kuldeep Singh in Crl.M.C. No. 163212020 through the present petition seek the quashing of the FIR No.435/2019, PS
Tilak Nagar, registered under Sections 323/3411506/34 of the Indian Penal
2021:DHC:4472 J Code, ~ 860 and 1642/2020 and the petitioners no. 1 to 4, namely, Ashish
Sharma, Rahul Sharma, Ashok Sharma and litender Sharma in Crl.M.C. NO. 1642/2020 through the present petition seek the quashing of the FIR
No.436/2019, PS Tilak Nagar, registered under Sections 323/3411506/34 of the Indian Penal Code, 1860, respectively which are cross FIRs of which in relation to FIR No.435/2019, Police Station Tilak Nagar, the charge sheet has been filed but not yet filed in relation to FIR No.436/2019, Police
Station Tilak Nagar thus it has been considered appropriate to take up the matters together.
The petitioners of Crl.M.C. No. 1632/2020 as well as the respondents thereto, i.e., the respondents No.2 and 3 an9 the petitioners of Crl.M.C.
1642/2020 as well as the respondents 2 &3 to the said petition are all present and also identified by ASI Hansraj from Police Station Tilak Nagar as the petitioners being accused arrayed in the said FIR as the respondents of
.whom the respondent no.2 is the complainant and respondel1t No.3 being the injured in the same.
It has been stated by the complainant and the injured in relation to both the Crl.M.C. Nos. 1632/2020 and 1642/2020 that they do not oppose the prayer made by the petitioners No.1 to 4, namely, Lakhprit Singh, Gurjeet Singh, laimal Singh and Kuldeep Singh in Crl.M.C. No. 1632/2020 seeking the quashing of the FIR No.435/2019,PS Tilak Nagar, registered under Sections 32313411506/34 of the Indian Penal Code, 1860 and the prayer made by the petitioners No.1 to.4, namely, Ashish Sharma, Rahul
Sharma, Ashok Sharma and litender Sharma seeking the quashing of the
FIR No.436/2019, PS Tilak Nagar~·· registered under Sections
323/3411506/34 of the Indian Penal Cod~, ~"1890 respectively in view of the settlement arrived at between the parties vide a settlement deed dated
22.7.2020 in as much as the parties- to both the petitions live in the same locality and that they do not seek the continuation ofthe proceedings qua the said FIRs, i.e., FIR No. 435/2019 and FIR no. 436/2019 both of Police
Station Tilak Nagar nor do they want the accused therein to be punished in relation thereto and that they pave also stated that they have understood the implications ofthe statement made by them.
On behalf of the State the learned APP for the State in view of the settlement arrived at between the parties does not oppose the prayer made by the petitioners in both the Crl.M.Cs, i.e., Crl.M.C. No. 1632/2020 and
1642/2020 seeking· the quashing of the respective FIRs bearing NO. 43512019 and 43612019 both registered at Police Station Tilak Nagar and in view of the depositions of the complainant and injured of both the FIRs there is no reason to disbelieve the statement made by the complainant and the injured that they have made their statement voluntarily of their own accord. without any duress, pressure or coercion from any quarter, for maintenance of peace and harmony between the parties; it is considered appropriate to put a quietus to the litigation between them qua the said FIRs i.e the FIR No. 435/2019, Police Station Tilak Nagar, under Sections
323/341/506/34 ofthe Indian Penal Code, 1860 against the petitioners No.1 to 4, namely, LakhpritSingh, Gurjeet Singh, laimal Singh and Kuldeep
Singh in Cr1.M.C. No. 1632/2020 arrayed as accused therein and FIR
No,436/2019, PS Tilak Nagar, registered under Sections 323/341/506134 of the Indian Penal Code, 1860, against the petitioners nO. 1 to 4, namely, Ashish Sharma, Rahul Sharma, Ashok Sharma and litender Sharma in
Crl.M.C. no. 1642/2020, which FIRs are thus quashed.
\b The petitions are disposed ofaccordingly.
ANU MALHOTRA:J)
FEBRUARY 4, 20211SV
•
JUDGMENT