Full Text
CRL.M.C. 5399/2017
SURENDER SINGH &ORS .....Petitioners
Through : Mr Sumit Choudhary, Advocate.
Through : Mr Akshai Malik, APP.
ASIAnilKumar, PS Kanjhawala.
KULDEEP & ORS Petitioners
Through : Mr Kanwar Kochhar, Advocate.
Through : Mr Akshai Malik, APP.
Mr Sumit Choudhary, Advocate for R-2.
ASI Anil Kumar, PS Kanjhawala.
04.01.2018 CrI. M.A. 21072/2017 (exemption) in CRL.M.C. 5399/2017
CrI.M.A. 21073/2017 (exemption) & CRL.M.C. 5400/2017
Allowed, subject to alljust exceptions.
2018:DHC:9326
ORDER
1. The petitioners in Crl.M.C.5399/2017 seek quashing of FIR No.309/2016 dated 12.08.2016 under Sections 308/34 IPG at Police Station Kanjhawala, Delhi.
2. The petitioners in Crl.M.C.5400/2017 seeic quashing of FIR No.310/2016 also dated 12.08.2016 under Sections 451/323/506/34 IPG, Police Station Kanjhawala, Delhi. Though the offences are compoundable, since the FIR No.310/2016 is across FIR to the FIR in Grl.M.G.5399/2017, the petitions are taken up for disposal together.
3. Because a scuffle, which took place in the office ofthe petitioner in Grl.M.G.5399/2017, it is contended, the. incident occurred. It is contended that the occurrence was spontaneous and on the spur ofthe moment without any pre-mediation.
4. The parties have now resolved their disputes with the (intervention of neighbours and other respectable members ofthe Society. The petitioners as well as respondents are present in Gourt and are identified by their respective counsels as well as the Investigating Officer. They submit that they have settled their disputes and do not wish to press charges against each other.
5. The learned APP submits that since'the State machinery was used and substantial time was spent by the Investigating Officer for the investigation of the case and challan has been filed, in case the Gourt is inclined to quash the FIR, the same should besubject toterms.
6. In view of the fact that the parties have settled their disputes and CRL.M.C.5399/2017 &5400/2017 Page 2 they do not wish to press the charges against each other, and no weapon of any kind is involved in the incident, I am of the view that the interest of justice would be served in not relegating the parties to trial and quashing the proceedings. Further, in view ofthe stand taken by the parties, there is no likelihood of conviction. The interest ofjustice also demands that the proceedings be quashed:
7. In view ofthe above, the petition is allowed. The subject FIR NO. 309/2016 dated 12.08.2016 under Sections 308/34 IPG Police Station Kanjhawala, Delhi, and the FIRNo.310/2016 also dated 12.08.2016 under Sections 451/323/506/34 IPG, Police Station Kanjhawala, Delhi, and the proceedings arising therefrom are quashed, subject to.the each of the petitioners in GRL.M.G. 5399/2017 &GRL.M.G. 5400/2017, depositing a sum of Rs. 10,000/- each, within a period of two weeks, with the "Prisoners Welfare Fund, Jail No. 14, Mandoli", Mangal Pandey Marg, Harsh Vihar, Village Mandoli, Delhi.
8. The receipt of deposit of the costs imposed by this Order be furnished to the concerned Investigating Officer within a period of three weeks from today.
9. OrderDasti under signatures of the Gourt Master.
JANUARY 04, 2018 'Id' SANJEEV SACHDEVA, J