Bir Singh & Ors v. The State & Ors

ORDER %

11.11.2010

¶1The present is filed by the petitioners under Section of the Cr.PC praying inter alia for quashing of FIR No.525/2006, lodged by respondent No.3 against the petitioners under Sections 323/341/506/34 IPC, registered with Police Station: Sarita Vihar, New Delhi.

¶2Counsel for the petitioners states that the petitioners and ^ the respondentsNo.3 to 5are cousinsand on the date of incident,i.e., on 07.10.2006, a quarrel took place between the parties on account of a piece of land situated at village I^adanpur Khadar, New Delhi, which resulted in respondent No.3 lodging the aforesaid FIR against petitioners stating inter alia that petitioners had physically assaulted hinn and respondents No. 4 and 5. It is now stated that CRL.M.C.3502/2010 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. during pendency of the FIR, the parties have arrived at a settlement as recorded In the Compromise Deed (Page 8). It is therefore submitted that as there is no dispute pending between parties, the respondents have no objection to the FIR being quashed.

¶3Respondents No. 3 to 5 are present in Court alongwith their counsel. They confirm the aforesaid position and state that the settlement has been arrived at of their own free will and volition and without any undue influence or coercion from any quarters. ^

¶4Learned APR for the State submits that after completion of investigation, charge-sheet has been filed and the matter is at the stage of evidence. He further states that in view of the settlement arrived at between the parties, he has no objection to the prayer made in the present being allowed. He however, submits that in I view of the fact that it was on account of the petitioners that the legal machinery has been put into motion, which has resulted in unnecessary expenditure and wastage of court's time, it is a fit case, ^ where costs must be imposedon the petitioners.

¶5This Court has heard counsels for the parties. In view of submission made by respondents No.3 to 5 and in view of the fact that the parties have arrived at a settlement of their own free will and volition and without any undue influence or coercion from any CRL.M.C. 3502/2010 s 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.525/2006 lodged by respondent No.3 with Police Station: Sarita Vihar, New Delhi, and all proceedings arising therefrom are quashed, subject to the condition that the petitioners shall collectively pay costs of ?25,000/- which shall be deposited in the following manner:- O

(a) ?10,000/- shall be deposited with the Delhi High Court Legal Services Committee.

(b) ?10,000/- shall be deposited with the Delhi High Court Mediation and Conciliation Centre.

(c) ?5,000/- shall be deposited with the Delhi Police Welfare Fund.

¶7The aforesaid costs shall be deposited by the petitioners within four weeks, while furnishing proof of payment to the learned APP for the State within the same period.

¶8The is disposed of alongwith pending application. File be consigned to the record room. HIMA KOHLI,J NOVEMBER 11, 2010 rkb CRL.M.C.3502/2010

40. * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3502/2010 and CH.M.A. 17191/2010 BIR SINGH & ORS Petitioners Tiirough: Mr. Saheen Parveen and l^r. Tariq Yameen, Advocates witin petitioners No.l to 5 in person. versus THE STATE & ORS Respondents Through: i^lr. Navin Sharma, APP for the State. I^r. Braham Singh, Advocate with respondents No. 3 to 5. CORAIVI: HON'BLE jviS. JUSTICE HI|V|A KOHLI O