Delhi High Court
Kawal @ Rajinder @ Kali vs The State Of Delhi on 25 February, 2021
$~28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 25.02.2021
+ CRL.M.C. 634/2021 & Crl.M.A. 3103/2021
KAWAL @ RAJINDER @ KALI & ORS. ..... Petitioners
Through: Mr. Ranjit Singh Juneja,
Advocate with petitioners
Versus
THE STATE OF DELHI ..... Respondent
Through: Mr. Amit Chadha, Additional
Public Prosecutor for
respondent No.1/ State with
Inspector Rajesh
Respondents No.2 to 6 in
person
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
J U D G M E N T (ORAL)
The hearing has been conducted through video conferencing.
1. Vide this petition, quashing of FIR No. 178/2020, registered at
police station Subzi Mandi, Delhi is sought by petitioners.
2. Learned counsel for petitioner submits that on 14.06.2020 at
around 4:00 p.m. an altercation took place between the parties, which
culminated into registration of FIR in question by respondent No.2.
3. The present petition has been filed on the ground that with the
intervention of common friends and well wishers, the dispute between
the parties has been resolved in terms of Compromise Deed dated
17.02.2021.
4. Notice issued.
5. Mr. Amit Chadha, learned Additional Public Prosecutor for
respondent No.1/State accepts notice and submits that respondent No.2
is present through video conferencing and he has been identified as the
complainant of FIR in question by the Investigating Officer of this
case, who is also present through video conferencing.
6. With the consent of learned counsel for the parties, the present
petition is taken up for final hearing and disposal.
7. Learned Additional Public Prosecutor for State has opposed this
petition on the ground that out of 11 petitioners, 06 petitioners have
previous involvements and against them FIRs in different police
stations are pending. Learned Additional Public Prosecutor for State
further submits that the CCTV footage of the incident in question is
available, based on which respondent No.6, wife of complainant, had
identified the petitioners and that fire arm was recovered from the
possession of one of the accused and also that in the alleged incident,
complainant had suffered grievous injuries.
8. Learned counsel for petitioners submits that the in the MLC,
injuries inflicted upon the complainant are opined to be simple in
nature. Learned counsel for petitioners also submits that since parties
have amicably resolved the dispute, to restore peace and cordiality, the
proceedings arising out of FIR in question be brought to an end.
9. Inspector Rajesh, Investigating Officer of this case, is present
through video conferencing and he has confirmed that as per MLC,
injuries suffered by complainant were simple in nature and injured had
not sustained any firearm injuries.
10. Respondent No.2 is present through video conferencing and he
has affirmed the factum of settlement with petitioners in terms of
Compromise Deed dated 17.02.2021 and he also submits that he does
not wish to prosecute the matter any further. Similar is the stand taken
by respondents No.3 to 6 in this petition.
11. At this stage, learned Additional Public Prosecutor for State
points out that if this Court is inclined to allow this petition, heavy cost
may be imposed upon the petitioner, which should be a determinant to
involve in such activities.
12. Learned counsel for petitioners on instructions from petitioners
has volunteered that petitioner are ready to contribute cost of
Rs.2,00,000/- each for welfare purposes.
13. Keeping in view that the dispute between the parties has been
amicably resolved, this Court is inclined to quash the FIR in question,
as no useful purpose would be served in continuing with the
proceedings arising out of the present FIR. However, petitioners No.1
to 11 are directed to pay cost of Rs.2,00,00/- each which shall be
deposited in the following manner:-
a. Rs.5 Lacs shall be paid in favour of Hon'ble Prime
Minister's Relief fund
b. Rs.5 Lacs shall be paid in favour of Delhi Police Martyrs
Fund
c. Rs.5 Lacs shall be paid in favour of Chief Minister Relief
Fund, Delhi
d. Rs.2 Lacs shall be paid in favour of The High Court of
Delhi (Middle Income Group) Legal Aid Society
e. Rs.2 Lacs shall be paid in favour of Delhi High Court
Legal Services Committee
f. Rs.2 Lacs shall be paid in favour of Bharat Ke Veer fund
g. Rs.1 Lac shall be paid in favour of Blind School, Sewa
Kuteer, Kingsway Camp, New Delhi
14. The aforesaid cost shall be deposited within two weeks and
receipt thereof shall be placed before the Investigating Officer of this
case within two weeks.
15. Subject to deposit of cost, FIR No. 178/2020, registered at
police station Subzi Mandi, Delhi and consequent proceedings
emanating therefrom are hereby quashed.
16. The petition is, accordingly, allowed and disposed of.
17. Pending application also stands disposed of.
(SURESH KUMAR KAIT)
JUDGE
FEBRUARY 25, 2021
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