Sunilkumar & Anr v. The State & Ors

ORDER %

11.11.2010

¶1The present petition is filed by petitioners under Section of the Cr.PC praying inter alia for quashing of FIR No.377/2007, lodged by respondent No.3 against the petitioners under Sections 324/452/34 IPC, registered with Police Station: Sarita Vihar, New Delhi.

¶2Counsel for the petitioners states that the petitioners and C " No.3 are cousins and on the date of incident, i.e., on

19.05.2007, a quarrel took place between the parties on account of a piece of land situated at village Madanpur Khadar, New Delhi, which resulted in respondent No.3 lodging aforesaid FIR against the Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing. petitioners stating inter alia that petitioners had physically assaulted him. It is now stated that during the pendency of the FIR, parties have arrived at a settlement as recorded in Compromise Deed (Page 6). It is therefore submitted that as there is no dispute pending between parties, No.3 has objection to the FIR being quashed.

¶3Respondent No.3 is present in Court alongwith his counsel. He confirms the aforesaid position and states that the settlement has been arrived at of his own free will and volition and without any undue influence or coercion from any quarters.

¶4Learned APP for the State submits that after completion of investigation, charge-sheet has been filed and the matter is at the stage of evidence. However, in view of the settlement arrived at between the parties, he has no objection to the prayer made in the present petition being allowed.

¶5This Court has heard counsels for the parties. In view of submission made by respondent No.3 and in view of the fact that parties have arrived at a settlement of their own free will and volition and without any undue influence or coercion from any quarters, useful purpose will be served by proceeding further with the aforesaid FIR and the proceedings arising therefrom.

¶6Accordingly, the petition is allowed in view of the aforesaid settlement arrived at between the parties. FIR No.377/2007 lodged by No.3 with Police Station: Sarita Vihar, New Delhi, and all proceedings arising therefrom are quashed.

¶7The petition is disposed of aiongwith pending application. File be consigned to the record room. HI|V|A KOHLI,J NOVEMBER 11, 2010 rkb ->

•'4'. * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3503/2010 and CrLM.A. 17192/2010 SUNILKUMAR & ANR. Petitioners Through: Mr. Tariq Yameen, Advocate with petitioners No.l and 2 in person. versus THE STATE & ORS Respondents Through: Mr. Navin Sharma, APP for the State. Mr. Braham Singh, Advocate with respondent No.3 in person. CORAjVj: HON'BLE |V|S. JUSTICE HljVjA KOHLI ^