Naveen Kumar & Ors. vs State & Ors.
2020 Latest Caselaw 1035 Del

$~44
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision: 14.02.2020

+      CRL.M.C. 825/2020
       NAVEEN KUMAR & ORS.                                 ..... Petitioners
                          Through       Mr.Amit Sharma, Adv. with Mr.Sahil
                                        Chopra & Mr.P.Karthik, Adv.

                          versus

       STATE & ORS.                                       ..... Respondents
                          Through       Mr. Panna Lal Sharma, APP for State.
                                        ASI Karan Singh PS Dwarka Sec.23.
                                        Respondent nos.2 & 3 in person.

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

CRL. M.A. 3384/2020

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.825/2020

3. Vide the present petition, petitioners seek direction thereby for

quashing of FIR No. 23/2020 dated 13.01.2020, registered at PS - Sector-

23, Dwarka and all other proceedings arising therefrom.

4. Notice issued.

5. Notice is accepted by learned APP for State and respondent nos.2 & 3

who are present in person 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 Nos. 2 and 3 have no objection if the present

petition is allowed.

7. Complainants/Respondent Nos.2 & 3 are personally present in Court

and they have been identified by ASI Karan Singh/IO and submits that

matter has been settled and they do not wish to prosecute the matter any

further.

8. Petitioners and respondent nos.2 & 3 have entered into an amicable

settlement vide Memorandum of Settlement dated 10.02.2020.

9. Learned APP has opposed the present petition and submits that the

case is under section 308 IPC and grievous injury has been caused by iron

rod, therefore, if this Court is inclined to quash FIR, heavy cost may be

imposed upon petitioners.

10. Petitioner no.1 is doing laundry works, petitioner no.2 is a conductor

in DTC and petitioner no.3 is a law student from MD University. Therefore,

I refrain from imposing cost on petitioner nos.2 & 3, however, counsel for

petitioners, submits that petitioner no.1 is ready to contribute ₹50,000/- for

welfare purposes. Accordingly, petitioner no.1 is directed to pay this amount

in the following manner:-

(a) ₹25,000/- in favour of Delhi High Court Advocates' Welfare

Fund.

(b) ₹25,000/- in favour of Delhi High Court Middle Income Group

Legal Aid Society.

11. Petitioner no.1 is further 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. 23/2020 dated 13.01.2020,

registered at PS - Sector-23, Dwarka and consequent proceedings emanating

therefrom are quashed.

14. The petition is, accordingly, allowed and disposed of.

15. Order dasti.

(SURESH KUMAR KAIT) JUDGE FEBRUARY 14, 2020 ab