W.P.(CRL) 2999/2015

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 23.12.2015

W.P.(CRL) 2999/2015

GIRDHARI & ANR

..... Petitioners

Through:

Mr. Anuj Kumar Ranjan, Advocate

versus

STATE & ANR

..... Respondents

Through:

Mr. Rajesh Mahajan, ASC (Criminal)

with SI Prem Pal, Police Station-

Khajuri Khas for R-1

Amit Kumar, Respondent No.2 in

person

CORAM:

HON’BLE MR JUSTICE SIDDHARTH MRIDUL

SIDDHARTH MRIDUL, J (ORAL)

CRL.M.A.18473/2015 (Exemption)

Exemption granted subject to all just exceptions.

The application is disposed of accordingly.

W.P.(CRL) 2999/2015

1.

The present is a petition under Article 226 of the Constitution of India

read with Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.)

seeking quashing of FIR No.1143/2014, under Sections 323/341/452/34 IPC,

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W.P.(CRL) 2999/2015

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registered at Police Station- Khajuri Khas and the proceedings arising

therefrom.

2.

The facts in brief are that the subject FIR came to be registered on an

allegation of Amit Kumar, the complainant (respondent No.2), that the

petitioner had entered into his house without permission and roughed him

up. It is an admitted position that the complainant suffered only simple

injuries.

3.

Amit Kumar, who is present in person and has been identified by the

IO in the subject FIR namely, SI Prem Pal, Police Station- Khajuri Khas

states that with the aid and assistance of elders in the family and neighbours,

they have arrived at an amicable out of court resolution of the

misunderstanding that led to the registration of the subject FIR. The

settlement dated 18.11.2015 is annexed to this petition as Annexure – B.

The salient terms of the aforesaid settlement are as follows:-

“Compromise Deed

This deed of compromise is executed on this 18^th

November, 2015 between Amit Kumar S/o Late Sh.

Ashok Kumar R/o E-195, Gali No.10, Khajuri Khas, Near

Jain Dharamshala, Delhi (hereinafter called the first

party).

AND

(1)Sh. Girdhari S/o Late Sh. Madan Lal

(2)Sh. Harish S/o Late Sh. Madan Lal

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Both R/o E-202, Gali No.10, Khajuri Khas,

Delhi (hereinafter called the second party)

Whereas the first party got registered a case FIR

No.1143/2014, U/s 323/341/452/34 IPC dated 25.10.2014

with P.S. Khajuri Khas, Delhi against the second party.

AND WHEREAS due to the intervention of

respectable persons, mutual friends and well wishers, both

the parties have amicably settled/compromised their all

disputes related to the above said FIR as per the

settlement, both the parties shall not claim anything from

each other with regard to the above said FIR.

AND WHEREAS, the first party undertake to

cooperate the second party in getting quashed the above

said FIR before the Hon’ble High Court of Delhi, New

Delhi.

That now both the parties with the intervention of

some common friends resolved all the disputes between

each other amicably with mutual consent without any

pressure, undue influence from any side upon the parties.

That now nothing is remaining left upon each

other, the parties and all the enmities differences between

the parties regarding all the points discusses in the FIR

registered by the first party on 25.10.2014 against the

second party at P.S. Khajuri Khas, Delhi.

Whereas both the parties are bound by the terms

and conditions of this compromise deed.

And whereas the above compromise between the

parties has been made out of their independent free will

and without any pressure, force, fraud, coercion or undue

influence from either side or by any third person.

And whereas the first party and the second party

have put their respective hands into this deed after having

fully understood the contents herein which have fully been

read over and explained to them in vernacular in the

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W.P.(CRL) 2999/2015