Riyasudin & Ors vs The State & Ors
2010 Latest Caselaw 3078 Del

*           IN THE HIGH COURT OF DELHI AT NEW DELHI

+                        CRL.M.C. 822/2010

                                                 Decided on 02.07.2010
IN THE MATTER OF :

KALUVA @ GULFAM AND ORS                                      ..... Petitioners
                  Through:           Mr. Jai Gopal Garg, Advocate

                   versus

STATE AND ANR.                                             ..... Respondents
                         Through: Mr.U.L. Watwani, APP for the State.
                                  Mr. Alok Verma, Advocate for R-2.


+                        CRL.M.C. 1020/2010


RIYASUDIN & ORS                                            ..... Petitioner
                         Through:    Mr. A.K. Verma, Advocate.

                   versus

THE STATE & ORS                                             ..... Respondents
                         Through:    Mr. U.L. Watwani, APP for the State.

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 petitions are filed by the petitioners under Section

482 Cr.PC praying inter alia for quashing of FIR No.372/2007 under Sections

323/308/452/34 IPC and FIR No.370/2007 under Sections 308/323/34 IPC,

registered at Police Station-New Ashok Nagar and pending in the court of

learned Additional Sessions Judge. It is stated by the parties that they have

settled their inter se dispute amicably without any undue influence,

pressure, threat or coercion and now there is no pending grievance left

between the parties.

2. It is agreed by respondents No. 2 and 11 that they have no

objection to quashing of the aforesaid FIRs. However, learned APP for the

State submits that as the parties have put into motion the legal machinery,

which has resulted in unnecessary expenditure by the State in investigating

the present matter, it would be appropriate that the parties be put to terms.

3. In view of the settlement arrived at between the parties, which

is stated to be arrived at of their free will and volition and without any undue

influence or coercion, there seems no useful purpose in continuing with the

present litigation, which needs to be put to rest. However, taking into

consideration the submission of the learned APP, the aforesaid FIRs and all

proceedings emanating therefrom are quashed subject to each of the

petitioners depositing a sum of Rs. 2,500/- with the Delhi High Court Legal

Services Authority within a period of 2 weeks from today and upon filing

proof of receipt on the record.

4. Accordingly, both the FIRs are quashed alongwith the pending

proceedings emanating therefrom.

5. File be consigned to the record room.

                                                              (HIMA KOHLI)
JULY    02, 2010                                                JUDGE
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