IN THE HIGH COURT OF DELHI AT NEW DELHI
SURESH KUMAR KAIT, J.
Vinod Kumar Paswan Alias Chirri & Ors. – Appellants
Versus
The State (Govt Of NCT Of Delhi) & Ors. – Respondents
CRL.M.C. 1405 of 2021 & CRL.M.As. 8901-02 of 2021
Decided on : 04-06-2021
Indian Penal Code, 1860 - Sections 323/307/341/34 - Seeking quash of FIR - Memorandum of Understanding - Present petition has been filed on the ground that with intervention of residents of local persons, parties have amicably resolved their dispute - It is stated that parties have resolved their dispute in terms of Memorandum of Understanding and therefore, FIR in question and proceedings arising therefrom be quashed against petitioners.
Finding of the court: Respondent No.2/complainant and respondent No.3, submits that the subject matter of dispute has been amicably resolved and now no grievance against petitioners survives and so, proceedings arising out of FIR in question be brought to an end. This Court is informed by learned Additional Public Prosecutor for State that charge sheet in this FIR case has been filed but charges are yet to be framed. Since petitioners and respondents are living in same locality and they have entered into an amicable settlement.
Result: Petition is allowed
JUDGMENT :
The hearing has been conducted through video conferencing.
1. Vide this petition, quashing of FIR No. 57/2021, under Sections 323/307/341/34 IPC, registered at police station Ashok Vihar, Delhi is sought by petitioners.
2. Notice issued.
3. Mr. Panna Lal Sharma, learned Additional Public Prosecutor for respondent No.1/State accepts notice and submits that respondents No.2 is a minor and is represented through his father and respondent No.3 is the brother of respondent No.2. They are present through video conferencing and have been identified by the Investigating Officer of this case, who is also present through video conferencing.
4. With the consent of learned counsel for the parties, the present petition is taken up for final hearing and disposal.
5. On 04.02.2021 an altercation took place between the parties, which culminated into registration of FIR in question by respondent No.2. Both the parties are said to be residing in the same locality.
6. The present petition has been filed on the ground that with the intervention of residents of local persons, the parties have amicably resolved their dispute. It is stated that the parties have resolved their dispute in terms of Memorandum of Understanding dated 31.05.2021 and therefore, the FIR in question and proceedings arising therefrom be quashed against the petitioners.
7. The present petition has been filed on the ground that matter has been amicably resolved between the parties and the complainant does not wish to pursue the case against the petitioners. This Court is informed by learned Additional Public Prosecutor for State that charge sheet in this FIR case has been filed but charges are yet to be framed.
8. Mr. Ganesh Soni, who is father of respondent No.2/complainant and respondent No.3, submits that the subject matter of dispute has been amicably resolved and now no grievance against petitioners survives and so, the proceedings arising out of FIR in question be brought to an end. He has affirmed the contents of his affidavit dated 01.06.2021 placed on record in support of this petition.
9. In view of the fact that since petitioners and respondents are living in the same locality and they have entered into an amicable settlement, I find that to enable them to restore cordiality and harmony, it would be in the interest of justice if this petition is allowed.
10. For the reasons afore-noted, FIR No. 57/2021, under Sections 323/307/341/34 IPC, registered at police station Ashok Vihar, Delhi and consequent proceedings emanating therefrom are hereby quashed.
11. The petition and pending applications are accordingly disposed of.
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