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2023 Supreme(Del) 5226

DINESH KUMAR SHARMA
Sanjay – Appellant
Versus
State – Respondent


Advocates appeared:
Ms.Tanya Agrawal, Mr.Ajay Singh and Mr.Kamlesh Kumar Mishra, Advocates with petitioner in person in CRL.M.C. 6775/2022.
Mr.Hemant Mehla, APP, for the state with Mr.Dipanshu Meena, Advocate, for the Respondent. ASI Manvir Singh, PS Gokalpuri in CRL.M.C. 6775/2022 and CRL.M.C. 74/2023, CRL.M.A. 263/2023.
Mr.Zeeshan Diwan, Advocate (DHCLSC) with Mr.Rishabh Tehlan, Advocate, for R-2 with Respondent No.2 in person in CRL.M.C. 6775/2022.
Mr.Zeeshan Diwan, Advocate (DHCLSC) with Mr.Rishabh Tehlan, Advocate with Petitioner in person in CRL.M.C. 74/2023, CRL.M.A. 263/2023.
Ms.Tanya Agrawal, Mr.Ajay Singh and Mr.Kamlesh Kumar Mishra, Advocates, for R-2 with Respondent No.2 in person in CRL.M.C. 74/2023, CRL.M.A. 263/2023.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

1. These are two petitions seeking quashing of cross FIR No. 609/2017 registered under sections 308/34 IPC and FIR No. 608/2017 registered under section 308, IPC. FIR No. 609/2017 was lodged on the complaint of respondent No. 2 in CRL.M.C. 6775/2022 namely Bijender and FIR No. 608/2017 was lodged on the complaint of respondent No. 2 in CRL.M.C. 74/2023 namely Sanjay. Both the FIRs were lodged on 20.10.2017 at PS Gokalpuri.

2. As per both FIRs the dispute arose due to bursting of crackers on Diwali which led to an altercation between the parties. Both the petitioners namely Sanjay and Bijender are labourers and had levelled counter allegations of hitting each other with a lathi.

3. Ld. Counsel submits that the petitioners are neighbours residing in the slums at Sanjay Colony in Gokalpuri and belong to economically weaker strata of society. Ld. counsel submits that while the proceedings were underway, with the intervention of well-wishers and family members, both the parties amicably settled all their disputes vide MoU dated 21.09.2022 on the following terms and conditions:

    "AND WHEREAS both the parties have compromised the matter with the int

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