Sandeep Chaudhary And Anr. vs Government Of Nct Of Delhi And Anr.
2010 Latest Caselaw 3718 Del

*           IN THE HIGH COURT OF DELHI AT NEW DELHI

                          + CRL.M.C. 2397/2010

                                                   Decided on 10.08.2010
IN THE MATTER OF :

SANDEEP CHAUDHARY AND ANR.                         ..... Petitioners
                  Through: Mr.R.C. Pathak, Advocate with petitioners
                  No.1 and 2 in person.

                    versus

GOVERNMENT OF NCT OF DELHI AND ANR.                 ..... Respondents
                  Through: Mr. M.N. Dudeja, APP for the State
                  Mr. Sanjeev Aggarwal, respondent No.2 in person.

CORAM

* HON'BLE MS.JUSTICE HIMA KOHLI

     1. Whether Reporters of Local papers may           No
        be allowed to see the Judgment?

     2. To be referred to the Reporter or not?          No

     3. Whether the judgment should be                  No
        reported in the Digest?

HIMA KOHLI, J. (Oral)

1. The present petition is filed by the petitioners under Section 482

of the Cr.PC praying inter alia for quashing of FIR No.271/2004, lodged by

respondent No.2/complainant against the petitioners under Sections

452/324 read with Section 34 IPC, with Police Station: Farsh Bazar.

2. It is the case of the respondent No.2/complainant that on

01.08.2004, 4-5 persons were drinking, smoking and creating a ruckus

outside his house to which, he objected, whereupon, the said persons

abused respondent No.2/complainant and trespassed into his house,

threatened him and gave him blows. As a result of the complaint, the police

carried out the investigation pursuant to which, a charge-sheet was filed in

the court of learned Metropolitan Magistrate, Karkardooma Courts, which is

pending at the stage of recording of evidence. It is stated that in the

interregnum, with the intervention of the neighbours and well wishers, the

parties have arrived at a settlement.

3. The parties are present in Court. Respondent No.2/complainant

confirms that a settlement has been arrived at between him and the

petitioners. He is duly identified by the IO, who is present in Court. Learned

APP for the State also states that in view of the settlement arrived at

between the parties, he has no objection to the prayer made in the present

petition being allowed.

4. Having regard to the settlement arrived at between the parties,

there appears no legal impediment in allowing the present petition.

However, considering the fact that on account of the petitioners, the legal

machinery of the State has been set into motion, which has resulted in

incurring of unnecessary expenditure and wastage of time, while quashing

FIR No.271/2004 registered by the respondent No.2/complainant against the

petitioners and allowing the present petition, it is directed that the

petitioners shall pay costs of Rs.7,500/- each to be deposited with the Delhi

High Court Legal Services Committee. Needful shall be done within two

weeks. Copy of proof of deposit of the aforesaid costs shall be furnished to

the learned APP for the State within two weeks.

5. The petition is disposed of. File be consigned to the record

room.

                                                            (HIMA KOHLI)
AUGUST 10, 2010                                                JUDGE
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