Delhi High Court
Raju Aggarwal & Anr. vs State Nct Of Delhi & Ors. on 14 January, 2021
$~25
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 14.01.2021
+ CRL.M.C. 106/2021 & Crl.M.A. 504/2021
RAJU AGGARWAL & ANR. ..... Petitioners
Through: Mr. Tarbez Ahmed, Advocate
Versus
STATE NCT OF DELHI & ORS. ..... Respondents
Through: Mr. Panna Lal Sharma, Additional
Public Prosecutor for respondent
No.1/State with SI Govind Singh,
police station Uttam Nagar
Respondents No.2 to 4
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, petitioners seek quashing of FIR No. 903/2014,
under Sections 323/354/504/509/34 IPC, registered at police station Uttam
Nagar, Delhi.
2. Notice issued.
3. Mr. Panna Lal Sharma, learned Additional Public Prosecutor for
respondent No.1/State accepts notice and submits that respondents No.2 to 4
are present through video conference and they have been identified by the
Investigating Officer of this case, who is also present through video
conferencing.
4. With the consent of learned counsel for the parties, the present
petition is taken up for final hearing and disposal.
5. On 16.08.2014 an altercation took place between the parties, which
culminated into registration of FIR in question by respondent No.2. Both the
parties are said to be residing in the same locality.
6. The present petition has been filed on the ground that with the
intervention of residents of the same locality, elders and friends, parties
decided to amicably resolve their dispute. It is stated that the parties have
resolved their dispute in terms of Settlement order dated 12.09.2020 through
Mediation Centre, Dwarka Courts, New Delhi, and therefore, the FIR in
question and proceedings arising therefrom be quashed against the
petitioners.
7. On the other hand, learned Additional Public Prosecutor for State
while opposing this petition, has submitted that a similar petition W.P.(Crl.)
130/2015 was filed by the petitioners for quashing of the FIR in question,
which was dismissed by this Court vide order of 23.03.2015 and thus, this
petition is not maintainable.
8. I have heard learned counsel appearing on behalf of both the sides.
9. The present petition has been filed on the ground that matter has been
amicably resolved between the parties and the complainant does not wish to
pursue the case against the petitioners. This Court is informed by learned
Additional Public Prosecutor for State that charge sheet in this FIR case has
been filed but charges are yet to be framed.
10. This Court is conscious that earlier petition W.P.(Crl.) 130/2015 was
preferred by the petitioners, which was dismissed by this Court, however, I
find that since petitioners and respondents are living in the same locality
and they have entered into an amicable settlement, to enable them to restore
cordiality and harmony, it would be in the interest of justice if this petition is
allowed.
11. At this stage, learned Additional Public Prosecutor for State submits
that the FIR in question pertains to the year 2014 and due to registration of
the FIR, Government machinery came into motion and a lot of public time
has been consumed, therefore, heavy cost may be imposed upon the
petitioners.
12. Learned counsel for the petitioners, on instructions from the
petitioners, has come forward and agreed to contribute Rs.2,00,000/-
(Rupees Two Lacs) for welfare purposes. Accordingly, petitioner No.1 is
directed to pay the cost amount in the following manner:-
(a) An amount of Rs.50,000/- shall be deposited in favour of Middle
Income Group Legal Aid Society;
(b) An amount of Rs.50,000/- shall be deposited in favour of Delhi Police
Martyrs Fund;
(c) An amount of Rs.50,000/- shall be deposited in Nirmal Chhaya,
Nirmal Chhaya Complex, Jail Road, New Delhi;
(d) An amount of Rs.50,000/-shall be deposited in favour of Blind Sewa
Kuteer, Kingsway Camp, Delhi.
13. Petitioner No.1 is directed to deposit the cost within four weeks and
receipt of the same shall be deposited with the Investigating Officer
concerned.
14. Taking into account the aforesaid fact, this Court is inclined to quash
the FIR in question, as no useful purpose would be served in continuing with
the proceedings against the petitioners.
15. For the reasons afore-noted, FIR No. 903/2014, registered at police
station Uttam Nagar, Delhi and consequent proceedings emanating
therefrom are quashed.
16. The petition is, accordingly, disposed of.
17. Pending application also stands disposed of.
18. The order be uploaded on the website of this Court forthwith.
(SURESH KUMAR KAIT)
JUDGE
JANUARY 14, 2021
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