Delhi High Court
Vinod Kumar Paswan @ Chirri & Ors. vs The State (Govt. Of Nct Of Delhi) & ... on 4 June, 2021
$~16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 04.06.2021
+ CRL.M.C. 1405/2021 & CRL.M.As. 8901-02/2021
VINOD KUMAR PASWAN alias
CHIRRI & ORS. ..... Petitioners
Through: Mr. Sawhney, Advocate
Versus
THE STATE (GOVT OF NCT OF DELHI)
& ORS. ..... Respondents
Through: Mr. Panna Lal Sharma, Additional
Public Prosecutor for respondent
No.1/ State with ASI Kishan Pal
Respondents No.2 with father (natural
Guardian) & respondent No.3
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. 57/2021, under Sections
323/307/341/34 IPC, registered at police station Ashok Vihar, Delhi is
sought by petitioners.
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 is a
minor and is represented through his father and respondent No.3 is the
brother of respondent No.2. They are present through video conferencing
and 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 04.02.2021 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 local persons, the parties have amicably resolved
their dispute. It is stated that the parties have resolved their dispute in terms
of Memorandum of Understanding dated 31.05.2021 and therefore, the FIR
in question and proceedings arising therefrom be quashed against the
petitioners.
7. 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.
8. Mr. Ganesh Soni, who is father of respondent No.2/complainant and
respondent No.3, submits that the subject matter of dispute has been
amicably resolved and now no grievance against petitioners survives and so,
the proceedings arising out of FIR in question be brought to an end. He has
affirmed the contents of his affidavit dated 01.06.2021 placed on record in
support of this petition.
9. In view of the fact that since petitioners and respondents are living in
the same locality and they have entered into an amicable settlement, I find
that to enable them to restore cordiality and harmony, it would be in the
interest of justice if this petition is allowed.
10. For the reasons afore-noted, FIR No. 57/2021, under Sections
323/307/341/34 IPC, registered at police station Ashok Vihar, Delhi and
consequent proceedings emanating therefrom are hereby quashed.
11. The petition and pending applications are accordingly disposed of.
(SURESH KUMAR KAIT)
JUDGE
JUNE 04, 2021
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