Manoj Kumar @ Tona & Anr vs The State & Others
2015 Latest Caselaw 5603 Del

          IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                   Date of decision: 04.08.2015


                                W.P.(CRL) 687/2014



         MANOJ KUMAR @ TONA & ANR                            ..... Petitioners

                              Through Mr.Nitin Sehgal, Advocate.



                              versus



         THE STATE & OTHERS                                  ..... Respondents

Through Mr. Rahul Mehra, Standing Counsel (Crl.), Mr.Amrit Singh and Mr. Jamal Akhtar, Advocates for the State.

ASI Leela Ram, P.S. Jaffar Pur Kalan.

SIDDHARTH MRIDUL, J (ORAL)

Present is a petition under Article 226 of the Constitution of

India read with Section 482 of the Code of Criminal Procedure, 1973,

praying for quashing of F.I.R. No.46/2014 dated 15 th March, 2014,

under Section 394/341/34 IPC, registered at Police Station - Jaffar Pur

Kalan and the proceedings arising therefrom.

The facts in brief are that the respondent No. 2/complainant

filed a complaint against the petitioners on the allegations that when

the former was travelling on his RTV, the petitioner No.1, who is the

driver of another RTV obstructed his vehicle. It is further alleged that

when the respondent No.2/complainant and his wife, respondent No.3,

requested the petitioner No.1 to remove his vehicle, the latter hit the

complainant with an iron rod on various parts of his body. It is lastly

alleged that the petitioner No.1 thereafter snatched the mobile phone

of respondent No.2/complainant, gold chain of respondent No.3/wife

of the complainant, as well as Rs.4500/- from the pocket of

respondent No.2/complainant and fled from the spot. With the

intervention of common friends and respectable elders of the village in

which the parties reside a compromise has been arrived at. A copy of

the same is annexed to the present order and marked as exhibit C-1.

Pursuant to the said settlement dated 29th March, 2014, the

respondents have received a sum of Rs.65000/- (rupees sixty five

thousand).

In view of the above, it is prayed that the subject F.I.R. and the

proceedings arising therefrom be quashed qua the petitioners.

Since the parties to the dispute have arrived at an amicable

settlement without any undue influence, pressure or coercion, no

useful purpose shall be served by proceeding with the subject F.I.R.

and proceedings arising therefrom.

In the circumstances, the subject F.I.R. No.46/2014, dated

15th March, 2014, under Section 394/341/34 IPC, registered at Police

Station Jaffar Pur Kalan and the proceedings arising therefrom are

thereby set-aside and quashed qua the petitioners.

Before parting with the case, it is hoped and expected that the

petitioners herein shall not conduct themselves in a manner so as to

endanger the lives of others including the respondents herein.

With the above directions the writ petition is disposed of.

SIDDHARTH MRIDUL, J AUGUST 04, 2015 bp