Sh.Suresh Kumar & Others vs State (Govt. Of Nct Of Delhi) & ...
2008 Latest Caselaw 1242 Del

*           IN THE HIGH COURT OF DELHI AT NEW DELHI

+                      CRL.M.C.No.2283/2008

%                 Date of decision : 06.08.2008


Sh.Suresh Kumar & Others                          ....... Petitioners
                     Through:        Mr.Sunil Guatam, Advocate along
                                     with petitioners.


                                 Versus



State (Govt. of NCT of Delhi) & Another          ......... Respondents
                         Through : Mr.Amit Sharma, APP for State
                                     along with SI R.K. Meena, P.S. R.K.
                                     Puram.
                                     Mr.Satish Kumar, Advocate for
                                     respondent      No.2     along   with
                                     respondent No.2 in person.


CORAM :-
* HON'BLE MR. JUSTICE ANIL KUMAR

      1.    Whether reporters of Local papers may             YES
            be allowed to see the judgment?
      2.    To be referred to the reporter or not?            NO
      3.    Whether the judgment should be reported           NO
            in the Digest?

ANIL KUMAR, J.

*

Petitioners/accused and their counsel are present.

Issue notice. Mr.Sharma accepts notice on behalf of State and

Mr.Kumar accepts notice on behalf of respondent No.2, Shri Eklavya,

who is present in the Court.

Learned counsel for the parties contend that the matter has since

been resolved between the parties and the complainant, respondent

No.2, Shri Eklavya, does not want to pursue the proceedings pursuant

to FIR No.227/2006 under Sections 147/148/149/308 of Indian Penal

Code registered on 10.04.2006 at Police Station R.K. Puram, New Delhi.

It is contended that the parties belong to same village and are

neighbours and since the matter has been compromised, it shall be in

the interest of justice and for future peace that the said FIR and the

proceedings emanating therefrom are quashed.

Let the statement of respondent No.2 be recorded, who is

identified by his counsel.

Statement of respondent No.2 has been recorded. Learned

counsel for the parties contend that the since the matter has been

resolved amicable between the parties and the respondent No.2,

complainant, has agreed for quashing of the above-said FIR, no useful

purpose shall be served in continuing with the proceedings pursuant to

FIR No.227/2006 under Sections 147/148/149/308 of Indian Penal

Code registered on 10.04.2006 at Police Station R.K. Puram, New Delhi.

Considering the facts and circumstances that the parties are

neighbours, it will be in the interest of justice to quash the above-said

FIR so that peace may prevail between the parties in future. Learned

Additional Public Prosecutor, Mr.Sharma, has also no objection to the

quashing of the FIR.

Consequently, in the totality of facts and circumstances, FIR

No.227/2006 under Sections 147/148/149/308 of Indian Penal Code

registered on 10.04.2006 at Police Station R.K. Puram, New Delhi, and

all the proceedings emanating therefrom against petitioners are

quashed.

The petition is disposed of. Pending applications, if any, are also

disposed of.

Dasti.

August 06, 2008                                    ANIL KUMAR, J.
'Dev'