Akash v. State (Govt of NCT of Delhi)

1. The respective Petitioners, by the present petitions, seek quashing of respective cross-FIRs registered by the complainants. In CRL.M.C. 129/2018. pagei 2018:DHC:9325 > Crl.M.C. 129/2018, petitioner seeks quashing of FIR No.88/2016 under Section 308 IPG at PS Neb Sarai, and in Crl.M.C. 5377/2017, petitioner seeks, quashing of FIR No.87/2016 under Section 323/324/341/34 IPC. In both the cases, injuries sustained have been opinedto be simple in nature. Respective parties are neighbours. It is contended that the incident happened on account of misunderstanding and on the spur of the movement without any premeditation. Parties submit that they have settled the disputes with the intervention of the respectable members of the locality and the family members and with a view to restore peace and harmony amongst neighbours. Settlement Agreement dated 11.12.2017 has beenexecuted between the parties.

2. The parties are present in Court and are represented by their respective counsel and are identified by the Investigating Officers. The parties confirm that they have settled all their disputes and^^do not wish to press charges against each other. They assure that they shall maintain peace and harmony in the neighbourhood and such an incident will not reoccur.

3. In view of the fact that the parties have settled their disputes with a view to restore peace and harmony, the parties being neighbours and the fact that the respondents do not wish to press any charges against the petitioners, in my view, no fruitful purpose would be served in continuing with the criminal proceedings as there is a slim likelihood of conviction. Further, in view of the fact that the parties have settled their disputes with regard to the Cross FIRs registered against each other, it would also be expedient and in the CRL.M.C. 129/2018 Page 2 H interest of justice, that the FIR No.88/2016 under Section 308 IPG at PS Neb Sarai and the FIR No.87/2016 under Section 323/324/341/34 IPG and the consequent proceedings arising therefrom are quashed.

4. Learned Additional Public Prosecutor submits that the State machinery had been used for the purpose of investigation and, in both the cases, chargesheet has been filed. Learned Additional Public Prosecutor submits that, in case, this Gourt is inclined to exercise discretionaiy powers, thesame should be subject toterms.

5. In view of the above,, the FIR No.88/2016 under Section 308 IPG at PS Neb Sarai and the FIR No.87/2016 under Section 323/324/341/34 IPG and the consequent proceedings emanating there from are quashed. The petitioners shall deposit cost of Rs.l0,000/with ''Delhi Child Welfare Fund", Department of Women and Ghild Development, lA, Ganning Lane, Kasturba Gandhi Marg,.New Delhi, within a period of two weeks from today. Receipt of deposit of the costs imposed by this Order be furnished to the concerned Investigating Officer within aperiod ofthree weeks from today.

6. Order Dasti underthe signatures of the Gourt Master. iEV SACHDEVA, J JANUARY 11, 2018 st