Sh. Bhopal Singh vs State Through The Commissioner Of ...
2008 Latest Caselaw 1252 Del

*           IN THE HIGH COURT OF DELHI AT NEW DELHI

+                      CRL.M.C.No.2547/2008

%                  Date of decision : 06.08.2008


Sh. Bhopal Singh                            ....... Petitioner
                         Through:    Mr.B.K. Sinha, Advocate along with
                                     petitioner in person.


                                 Versus



State through the Commissioner of Police & Ors. ......... Respondents
                      Through : Mr.R.N. Vats, APP for State along
                                   with SI Shiv Shankar, P.S. Mandir
                                   Marg.
                                   Mr.Y.K.    Yadav,       Advocate   for
                                   respondent Nos.2 o 3.


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.

*

Issue notice to respondents. Mr.Vats accepts notice on behalf of

State and Mr.Yadav accepts notice on behalf of respondent Nos 2 to 3.

Petitioner and respondent Nos.2 to 3 are present with their

counsel and contend that the matter has been resolved amicably

between the parties. The petition is filed by the complainant and

petition is supported by the affidavit of the complainant/petitioner.

Learned counsel for the parties contend that no useful purpose shall be

served in continuing the proceedings pursuant to FIR No.499/2006

under Sections 323/506/34 of Indian Penal Code and Section 3 of The

SC & ST (Prevention of Atrocities) Act, 1989 registered at Police Station

Mandir Marg.

Learned counsel for the parties also contend that the petitioner

and respondent Nos.2 to 3 belong to rival factions and since there has

been peace amongst themselves on account of settlement, it will be in

the interest of justice to quash the said FIR and all the proceedings

emanating therefrom against respondent Nos.2 to 3.

Learned Additional Public Prosecutor, Mr.Vats, has also no

objection to the quashing of the FIR.

Consequently, in the totality of facts and circumstances, FIR

No.499/2006 under Sections 323/506/34 of Indian Penal Code and

Section 3 of The SC & ST (Prevention of Atrocities) Act, 1989 registered

at Police Station Mandir Marg, and all the proceedings emanating

therefrom against respondent Nos.2 to 3 are quashed.

The petition is disposed of.

Dasti.

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