Delhi High Court
Vikas @ [email protected] Boby & Ors. vs State Of Nct Of Delhi & Anr. on 21 August, 2020
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 21st August, 2020
+ CRL.M.C. 1675/2020
VIKAS @ [email protected] BOBY & ORS. .... Petitioners
Through Mr. Kaushal Thakur, Adv. with the
petitioners in person through VC
versus
STATE OF NCT OF DELHI & ANR. .... Respondents
Through Mr. Izhar Ahmed, APP for the State
with SI Sandeep, PS Mangolpuri
through VC
Respondent No.2 in person through
VC
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
J U D G M E N T (ORAL)
CRL. M.A. 11347/2020 (exemption)
1. Allowed, subject to all just exceptions.
2. Application is disposed of.
CRL.M.C.1675/2020
3. Vide the present petition, petitioners seek direction thereby for
quashing of FIR No. 1186/2016 dated 27.12.2016, registered at PS -
Mangolpuri, Delhi and all other proceedings arising therefrom.
4. Notice issued.
5. Notice is accepted by learned APP for State and by respondent No.2
who is present in the Court through video conferencing and with the consent
of counsel for parties, the present petition is taken up for final disposal.
6. The present petition is filed on the ground that parties have settled their
disputes and respondent No.2 has no objection if the present petition is
allowed.
7. Respondent No.2 is present in Court has been identified by IO/SI
Sandeep and submits that matter has been settled. Respondent No.2 further
submits that in view of settlement arrived at between the parties, as they are
cousins staying in the same locality and he has received a sum of Rs.30,000/-
as compensation, he does not wish to prosecute the matter any further.
8. Petitioners and respondent No.2 have entered into an amicable
settlement vide MoU/Compromise Deed/Settlement Deed dated 02.07.2020.
9. Learned APP for the State has opposed the present petition by
submitting that the petitioners have caused severe injuries to the respondent
No.2 due to which he was unable to carry on with his professional work for
almost a month and also due to the registration of present FIR, government
machinery came in motion and a lot of precious public time has been
consumed, therefore, if this Court is inclined to quash FIR, heavy cost may be
imposed upon petitioners.
10. Learned counsel for petitioners, on instructions from petitioners, who
are present in Court, has come forward and agreed to contribute some more
amount towards compensation as well as for welfare purposes. Accordingly,
petitioners are directed to pay this amount in the following manner:-
(a) Petitioner No.1 is directed to pay an amount of Rs.25,000/- in
favour of respondent No.2.
(b) Petitioner Nos.2 and 3 are directed to pay an amount of Rs.15,000/-
each in favour of Delhi High Court Legal Services Committee.
(c) Since the petitioner No.4 works as a labourer, no cost is imposed
upon him.
11. Petitioners are directed to pay this amount within two weeks and receipt
of the same shall be furnished to IO concerned.
12. Taking into account the aforesaid facts, this Court is inclined to quash
FIR as no useful purpose would be served in prosecuting petitioners any
further.
13. For the reasons afore-recorded, FIR No. 1186/2016 dated 27.12.2016,
registered at PS - Mangolpuri, Delhi and consequent proceedings emanating
therefrom are quashed.
14. The petition is, accordingly, allowed and disposed of.
15. The order be uploaded on the website forthwith. Copy of the order be
also forwarded to the learned counsel through email.
(SURESH KUMAR KAIT)
JUDGE
AUGUST 21, 2020/rk
