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1/ $-57 and 58 HIGH COURT OF DELHI
CRL.M.C.2861/2018
HEMA@ANJU&ORS Petitioners
Through: Mr.Anirudh Chauhan,Advocate
CRL.M.C.2861/2018
HEMA@ANJU&ORS Petitioners
Through: Mr.Anirudh Chauhan,Advocate
VERSUS
THE STATE(NCT OFDELHI)&ANR Respondents
Through: Mr.Raghuvinder Varma,AFP for State with SI Vikram Singh,PS
Karawal Nagar Mr.Laxmi Narain Singh,Adv for complainant
Through: Mr.Raghuvinder Varma,AFP for State with SI Vikram Singh,PS
Karawal Nagar Mr.Laxmi Narain Singh,Adv for complainant
CRL.M.C.2864/2018
SUBHASH CHAND &ANR Petitioners
Through: Mr.LaxmiNarain Singh,Advocate
SUBHASH CHAND &ANR Petitioners
Through: Mr.LaxmiNarain Singh,Advocate
VERSUS
THESTATE(NCT OFDLEHI)&ANR .....Respondents
Through: Mr.PannaLai Sharma,APPfor State with SI Vikram Singh,PS Karawal
Nagar Mr.Anirudh Chauhan,Adv for complainant.
Through: Mr.PannaLai Sharma,APPfor State with SI Vikram Singh,PS Karawal
Nagar Mr.Anirudh Chauhan,Adv for complainant.
CORAM:
HON'BLE MS.JUSTICE ANU MALHOTRA
ORDER o/o 24.05.2018 ' Vide the present petition Crl.M.C. No.2861/2018, the petitioners therein, namely,, Smt.Hema @Anju,Raj Kumar Sagar, Ms.Neeraja (being a minor represented by her father) and Raman
2018:DHC:8423 Chaudhary seek quashing of the FIR No.78/18 under Sections
354/354(B)/506/323/34 Indian Penal Code," 1860, Police Station
Karawal Nagar submitting to the effect that a settlement has been arrived atbetween the parties and thatthere was also a cross FIRthat had been registered vide FIR No.76/18, under Sections
354/323/506/509/34Indian Penal Code,1860,Police Station Karawal
Nagar registered on the complaint of complainant therein who is arrayed as the petitioner No.l in Crl.M.C. No.2861/2018 and
Crl.M.C.No.2864/2018 has also beenfiled bythe petitionerstherein, namely, Subhash Chand,and Arjun @ Monu arrayed as accused in
FIR No.76/2018,under Section 354/354(B)/506/323/34 Indian Penal
Code,1860,Police Station KarawalNagar which has been registered on the complaint of the prosecutrix arrayed as respondent No.2 to
Crl.M.C. No.2864/2018 already adverted to herein above qua which
Crl.M.C.No.2861/2018 has been filed.
The respondent No.3 in Crl.M.C. No. 2864/2018 is Raman
Chaudhary one of the alleged victim of FIR No.76/2018, who is arrayed as petitionerNo.4in Crl.M.C.No.2864/2018.
The Investigating Officer SI Vikram Singh has identified the petitioners of Crl.M.C. No.2861/2018 as being the accused in FIR
No.78/18,Police Station KarawalNagar,and identifiedthepetitioners
Subhash Chand and Arjun @ Monu as being the accused in FIR
No.76/2018,Poliee Station KarawalNagar. TheInvestigating Officer also identified the proseeutrix Ms.X in Crl.M.C. No.2861/2018 as being the complainant ofFIR No.78/2018 and the prosecutrix Ms.Y in Crl.M.C. No.2864/2018 as being the complainant of FIR
No.76/2018 and the respondent No.3 in Crl.M.C. No.2864/2018 as one ofthe victims.
The respondent No.2 in Crl.M.C. No.2861/2018 and the respondents no.2 and 3 in Crl.M.C. No.2864/2018 on their examination by the Court on oath affirmed having signed their affidavits pursuant to the settlement in their respective petitions that have been filed by the accused persons seeking quashing ofthe FIR and all the signatories to the settlement document dated 16.5.2018 pursuant to the settlement arrived at between the parties. They have fiirther testified to have signed the same voluntarily of their own accord without any pressure,duress or coercionfrom any quarter.
The petitioners in Crl.M.C. 2861/2018 and the respondent
No.2,the petitioners in Crl.M.C. No.2864/2018 and the respondents
No.2 and 3 therein are apparently the neighbours and the residents of the same locality.
From the statement on oath of the prosecutrix Ms.Y in
Crl.M.C.No.2864/2018 it has been brought forth that there was a dispute in relationto a drain as aconsequence ofwhichthe cross FIRs are indicated to have been registered. .
In view of the statements made by the complainant in FIR no.78/2018 and FIR No.76/2018 and also by the another victim of
FIR No.76/2018, to the effect that a settlement has been arrived at between the parties in terms ofthe settlement document Ex.CW2/B placed on record in Crl.M.C. No.2861/2018 apparently no useful purpose would be served in continuation ofthe proceedings and in view thereof in order to maintain harmony and peace between the
<h petitioners of Crl.M.C. No.2861 and the petitioners of Crl.M.C.
No.2864/2018, it is considered appropriate to put a quietus to the litigation between the parties,the FIR No.76/2018,under Sections
354/323/506/509/34IndianPenal Code,1860Police Station Karawal
Nagar and FIR No.78/2018, under Sections 354/354(B)/506/323/34
Indian Penal Code, 1860, Police Station Karawal Nagar and all consequentialproceedingsemanatingtherefrom arethusquashed.
ANU MALHOTRA,J MAY 24,2018/SV
ORDER o/o 24.05.2018 ' Vide the present petition Crl.M.C. No.2861/2018, the petitioners therein, namely,, Smt.Hema @Anju,Raj Kumar Sagar, Ms.Neeraja (being a minor represented by her father) and Raman
2018:DHC:8423 Chaudhary seek quashing of the FIR No.78/18 under Sections
354/354(B)/506/323/34 Indian Penal Code," 1860, Police Station
Karawal Nagar submitting to the effect that a settlement has been arrived atbetween the parties and thatthere was also a cross FIRthat had been registered vide FIR No.76/18, under Sections
354/323/506/509/34Indian Penal Code,1860,Police Station Karawal
Nagar registered on the complaint of complainant therein who is arrayed as the petitioner No.l in Crl.M.C. No.2861/2018 and
Crl.M.C.No.2864/2018 has also beenfiled bythe petitionerstherein, namely, Subhash Chand,and Arjun @ Monu arrayed as accused in
FIR No.76/2018,under Section 354/354(B)/506/323/34 Indian Penal
Code,1860,Police Station KarawalNagar which has been registered on the complaint of the prosecutrix arrayed as respondent No.2 to
Crl.M.C. No.2864/2018 already adverted to herein above qua which
Crl.M.C.No.2861/2018 has been filed.
The respondent No.3 in Crl.M.C. No. 2864/2018 is Raman
Chaudhary one of the alleged victim of FIR No.76/2018, who is arrayed as petitionerNo.4in Crl.M.C.No.2864/2018.
The Investigating Officer SI Vikram Singh has identified the petitioners of Crl.M.C. No.2861/2018 as being the accused in FIR
No.78/18,Police Station KarawalNagar,and identifiedthepetitioners
Subhash Chand and Arjun @ Monu as being the accused in FIR
No.76/2018,Poliee Station KarawalNagar. TheInvestigating Officer also identified the proseeutrix Ms.X in Crl.M.C. No.2861/2018 as being the complainant ofFIR No.78/2018 and the prosecutrix Ms.Y in Crl.M.C. No.2864/2018 as being the complainant of FIR
No.76/2018 and the respondent No.3 in Crl.M.C. No.2864/2018 as one ofthe victims.
The respondent No.2 in Crl.M.C. No.2861/2018 and the respondents no.2 and 3 in Crl.M.C. No.2864/2018 on their examination by the Court on oath affirmed having signed their affidavits pursuant to the settlement in their respective petitions that have been filed by the accused persons seeking quashing ofthe FIR and all the signatories to the settlement document dated 16.5.2018 pursuant to the settlement arrived at between the parties. They have fiirther testified to have signed the same voluntarily of their own accord without any pressure,duress or coercionfrom any quarter.
The petitioners in Crl.M.C. 2861/2018 and the respondent
No.2,the petitioners in Crl.M.C. No.2864/2018 and the respondents
No.2 and 3 therein are apparently the neighbours and the residents of the same locality.
From the statement on oath of the prosecutrix Ms.Y in
Crl.M.C.No.2864/2018 it has been brought forth that there was a dispute in relationto a drain as aconsequence ofwhichthe cross FIRs are indicated to have been registered. .
In view of the statements made by the complainant in FIR no.78/2018 and FIR No.76/2018 and also by the another victim of
FIR No.76/2018, to the effect that a settlement has been arrived at between the parties in terms ofthe settlement document Ex.CW2/B placed on record in Crl.M.C. No.2861/2018 apparently no useful purpose would be served in continuation ofthe proceedings and in view thereof in order to maintain harmony and peace between the
<h petitioners of Crl.M.C. No.2861 and the petitioners of Crl.M.C.
No.2864/2018, it is considered appropriate to put a quietus to the litigation between the parties,the FIR No.76/2018,under Sections
354/323/506/509/34IndianPenal Code,1860Police Station Karawal
Nagar and FIR No.78/2018, under Sections 354/354(B)/506/323/34
Indian Penal Code, 1860, Police Station Karawal Nagar and all consequentialproceedingsemanatingtherefrom arethusquashed.
ANU MALHOTRA,J MAY 24,2018/SV
JUDGMENT