Trilok Chand & Ors v. State NCT of Delhi & Anr

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of decision : 06.08.2008

Sh.Trilok Chand & Others

….… Petitioners Through: Mr.Satish Kumar, Advocate along with petitioners.

Versus

State (Govt. of NCT of Delhi) & Another

......... Respondents Through : Mr.Amit Sharma, APP for State along with SI R.K. Meena, P.S. R.K. Puram.

Mr.Sunil Guatam, Advocate for respondent No.2 along with respondent No.2 in person.

CORAM :- * HON'BLE MR. JUSTICE ANIL KUMAR

¶1Whether reporters of Local papers may

be allowed to see the judgment?

¶2To be referred to the reporter or not?

¶3Whether the judgment should be reported in the Digest?

ANIL KUMAR, J. * Petitioners/accused and their counsel are present. Issue notice. Mr.Sharma accepts notice on behalf of State and Mr.Gautam accepts notice on behalf of respondent No.2, Shri Kishan Pal, who is present in the Court.

Learned counsel for the parties contend that the matter has since been resolved between the parties and the complainant, respondent No.2, Shri Kishan Pal, does not want to pursue the proceedings pursuant to FIR No.228/2006 under Sections 147/148/149/427/308 of Indian Penal Code registered on 10.04.2006 at Police Station R.K. Puram, New Delhi. It is contended that the parties belong to same village and are neighbours and since the matter has been compromised, it shall be in the interest of justice and for future peace that the said FIR and the proceedings emanating therefrom are quashed.

Let the statement of respondent No.2 be recorded, who is identified by his counsel.

Statement of respondent No.2 has been recorded. Learned counsel for the parties contend that the since the matter has been resolved amicable between the parties and the respondent No.2, complainant, has agreed for quashing of the above-said FIR, no useful purpose shall be served in continuing with the proceedings pursuant to FIR No.228/2006 under Sections 147/148/149/427/308 of Indian Penal Code registered on 10.04.2006 at Police Station R.K. Puram, New Delhi. Considering the facts and circumstances that the parties are neighbours, it will be in the interest of justice to quash the above-said FIR so that peace may prevail between the parties in future. Learned

Additional Public Prosecutor, Mr.Sharma, has also no objection to the quashing of the FIR.

Consequently, in the totality of facts and circumstances, FIR No.228/2006 under Sections 147/148/149/427/308 of Indian Penal Code registered on 10.04.2006 at Police Station R.K. Puram, New Delhi, and all the proceedings emanating therefrom against petitioners are quashed.

The petition is disposed of. Pending applications, if any, are also disposed of.

Dasti.

August 06, 2008

ANIL KUMAR, J. 'Dev'