Harish & Ors v. State & Anr

ORDER %

22.05.2013 By this order I proposeto disposeof two separatepetitionsfiled by the petitioners who are accused in FIR No. 448/07 and FIR No. 450/07. Crl.M.C. No. 2309/2012 has been preferred by the petitioners who are accused in FIR No. 448/07 registered under Sections 307/34 IPG at PS Vasant Kunj and Grl.M.C. No. 2310/2012 is preferredby the petitioners who are accused in FIR No. 450/07 registeredunder Sections 341/324/34 IPG at PS Vasant Kunj. In both the petitionsthe petitionersare prayingfor quashingof said FIRs based on the settlementhaving arrived at between them. Both the parties are present in Gourt except Satinder who is accused in FIR No. 450/07.Atthe oral requestofcounselfor the petitioners,Mr. Satinder,who is accused in FIR No.450/07, is exempted firom his personal appearance. Gounselappearingfor the partiessubmitthat boththe partieshaveamicably settledtheirdisputesin terms ofthe deed ofcompromisedated 14"" January, 2013. Gounselfor the partiesalso submitthat both the partiesare relatedto each other besidesbeing neighbours.Gounselfor the partiessubmitthat in view ofthe settlement,boththe partieshave takena decisionnot to indulge into any such kind of fight in future and maintain complete peace and harmonyin the vicinitywherethey are residing. Based on the above submissions,counsel for the parties pray that this Court may quash both the said FIRs which have arisen out of the same incident. Mr. Navin Sharma, APP for the State submits that there are serious allegations against Mr. Naresh Kumar who is accused in FIR No. 448/07 as he attacked the complainantwith a knife and similarlythere are serious allegations against Mr. Satinder, who is accused in FIR No. 450/07. Heard. Taking into consideration the said settlement having arrived at bet\\^eenthe parties and that both the parties are neighboursand are in fact close relatives,this Court is of the view that no useful purpose would be served in keeping the said FIRs and the proceedings arising therefrom unnecessarilyalive any further against the petitioners.Consequently,FIR No. 448/07 registeredunder Sections307/34 IPC at PS Vasant Kunj and FIR No. 450/07 registered under Sections 341/324/34 IPC at PS Vasant Kunj and the criminalproceedings arisingtherefromare hereby quashed. However,the aforesaidquashingqua NareshKumar and Satinderis subject to deposit of costs of Rs. 10,000/- by each with the Saket Bar Association within a period of three weeks from the date of this order. The presentpetitionsstanddisposedofaccordingly. r\ MAY 22,2013 rkr KAILASH GAMBHIR, J

•f: * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2309/2012 NARESH KUMAR @ BABLI & ORS ..... Petitioners Through Mr. S.N. Gupta, Adv. versus STATE «& ANR Respondents Through Mr. Navin Sharma, APP for the State. SI Rajbir Singh, P.S. Vasant Kunj South AND + CRL.M.C. 2310/2012 HARISH & ORS Petitioners Through Mr. Pankaj Mendiratta, Mr. Tarun Gomber, Mr. Gaurav Goswami and Mr. Jitender Gomber, Advs. versus STATE ANR Respondent Through Mr. Navin Sharma, APP for the State. SI Rajbir Singh, P.S. Vasant Kunj South CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing.