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Pawan Kumar & Ors. vs The State & Anr
2017 Latest Caselaw 4859 Del

Citation : 2017 Latest Caselaw 4859 Del
Judgement Date : 7 September, 2017

Delhi High Court
Pawan Kumar & Ors. vs The State & Anr on 7 September, 2017
$~19 & 20
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+       W.P. (CRL.) 1607/2017
        HARI NANDAN & ORS                                 ..... Petitioners
                         Through: Mr. S.A.         Rajput, Advocate with
                         petitioners in person.

                                  versus

        THE STATE & ANR                              ..... Respondents
                      Through: Mr. Ashish Aggarwal, ASC for the State
                      with Piyush Singhal, Advocate with ASI Asmita,
                      P.S. Najafgarh, Delhi
                      Mr. M.K. Perwej for Mr. Taimoor Ali, Advocate
                      for R-2 to R-5 along with respondents No.2 to 5 in
                      person.
                      Respondent No.6 in person.

+       W.P. (CRL.) 1610/2017

         PAWAN KUMAR & ORS.                         ..... Petitioners
                    Through: Mr. M.K. Perwej, proxy for Mr. Taimoor
                    Ali, Advocate with petitioners in person.

                                  versus

        THE STATE & ANR                              ..... Respondents
                      Through: Mr. Ashish Aggarwal, ASC for the State
                      with Piyush Singhal, Advocate with ASI Asmita,
                      P.S. Najafgarh, Delhi
                      Mr. S.A. Rajput, Advocate for respondents along
                      with R-2 to R-5.


        CORAM:
        HON'BLE MR. JUSTICE VINOD GOEL

W.P. (CRL). No.1607 /2017 & W.P. (CRL) 1610/2017               Page 1 of 3
                                   ORDER

% 07.09.2017

1. Status report has been filed.

2. In Writ Petition (Crl.) No.1607/2017, respondents No.2 to 6 appear in person. They are being represented by their counsel. They are duly identified by IO ASI Asmita.

3. In another Writ Petition, (Crl.) No.1610/2017 respondents No.2 to 5 appear in person. They are being represented by their counsel. They are duly identified by IO ASI Asmita.

4. In writ petition, being W.P. (CRL.) No.1607/2017, the petitioners have invoked the writ jurisdiction of this court under Article 226/227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (in short Cr.P.C.) for quashing of the FIR bearing No.236/2014, registered on 19.03.2014 against them, with Police Station Najafgarh, South West, Delhi under Sections 354/323/341/34 IPC on the complaint of respondent no.2 with regard to the incident dated 17.03.2014.

5. In writ petition, W.P. (CRL.) No.1610 /2017, the petitioners seeks quashing of FIR No.232 /2014, registered on 18.03.2014 against them, with Police Station Najafgarh, South West, Delhi under Sections 308/341/34 IPC on the complaint of respondent no.3 with regard to the same incident dated 17.03.2014.

6. It is submitted that on 17.03.2014 an altercation took place between both the parties, who are residing in the same locality. Cross FIRs

were registered by both the parties against each other.

7. Subsequently after the registration of the FIRs, both the parties have amicably resolved and settled their all disputes. They agreed that they shall not create any nuisance in future and live peacefully. It is also agreed that neither party will claim anything against each other. In the circumstances the respondent No.2-Ms.Ritika complainant and respondents no. 3 to 6 in W.P. (CRL.) No.1607 /2017 and respondent No.3-Arvind Prasad complainant and respondents no. 2, 4 & 5 in W.P. (CRL.) No.1610 /2017 submit that they do not want to pursue their respective FIRs. They submit that the said FIRs may be quashed.

8. When both the parties have amicably resolved and settled their all disputes by way of compromise deed dated 19.05.2017, no fruitful purpose would be served in pursuing the said FIRs. In the circumstance, to maintain the peace and harmony in the society and to secure ends of justice, the FIR No.236 /2014, registered on 19.03.2014 under Sections 354/323/341/34 IPC and FIR No.232/2014, registered on 18.03.2014, under Sections 308/341/34 IPC with Police Station Najafgarh, South West, Delhi and proceedings arising out in both FIRs are hereby quashed.

9. Both the petitions are disposed of accordingly.

10. Dasti.

VINOD GOEL, J.

SEPTEMBER 07, 2017 "sandeep"

 
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