Semi &Ors v. State

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of decision : 06.08.2008

Semi & Others

….… Petitioners Through: Mr.B.S.Rana, Advocate for the petitioner Nos.1 to 6.

Mr.Ajay Jasra, Advocate for the petitioner Nos.7,9 to 13.

Mr.Raj Singh, Advocate for the petitioner Nos.8 & 14.

Versus

The State (NCT Of Delhi)

......... Respondent Through : Mr. R.N. Vats, APP for State.

CORAM :- * HON'BLE MR. JUSTICE ANIL KUMAR

¶1Whether reporters of Local papers may

be allowed to see the judgment?

¶2To be referred to the reporter or not?

¶3Whether the judgment should be reported in the Digest?

ANIL KUMAR, J. * Petitioners are present with their counsel. The petitioners contend that the matter pertaining to FIR No.726/2005 under Sections 308/323/379/147/148/149/34 of Indian Penal Code registered at Police Station Shalimar Bagh, New Delhi against petitioner Nos.1 to 6 and FIR No.219/2006 under Sections 307/308/394/ 147/148/149/427/34 of Indian Penal Code registered at Police Station

Shalimar Bagh, New Delhi against petitioner Nos.7 to 14 have been resolved amicably. The attorney of Sh.Rishi Nanda, his brother Sh.Tushar Nanda is present. The duly stamped General Power of Attorney of Sh.Rishi Nanda in favour of Sh.Tushar Nanda is filed. Mr.Mukhtar Hussain, complainant of FIR No.219/2006 under Sections 307/308/394/147/148/149/427/34 of Indian Penal Code registered at Police Station Shalimar Bagh, New Delhi and Mr.Tushar Nanda, attorney of Sh.Rishi Nanda, petitioner No.7 and complainant in FIR No.726/2005 under Sections 308/323/379/147/148/149/34 of Indian Penal Code registered at Police Station Shalimar Bagh, New Delhi have represented that the matters have been resolved between the parties. The learned counsel for the parties contend that the disputes arose in a function in a hotel and since the disputes have been resolved and settled, no useful purpose shall be served in continuing with the proceedings pursuant to the said FIRs. It is also contended that it shall be in the interest of justice and in order to have future peace that the said FIRs be quashed. Let the statement of attorney of Sh.Rishi Nanda, petitioner No.7 and petitioner No.6 be recorded. The statements of Sh.Tushar Nanda, attorney of petitioner No.7 and petitioner No.6, Sh.Mukhtar Hussain who are the complainants in the FIRs have been recorded. The petitioners and their counsel have contended that the disputes have been resolved amicably and no useful purpose shall be served in continuing the proceedings pursuant to FIR

No.726/2005 under Sections 308/323/379/147/148/149/34 of Indian Penal Code registered at Police Station Shalimar Bagh, New Delhi and FIR No.219/2006 under Sections 307/308/394/147/148/149/427/34 of Indian Penal Code registered at Police Station Shalimar Bagh, New Delhi. Considering the facts and circumstances it is apparent that it will be in the interest of justice if these two FIRs and proceedings emanating therefrom are quashed.

Consequently, in the totality of facts and circumstances, FIR No.726/2005 under Sections 308/323/379/147/148/149/34 of Indian Penal Code registered at Police Station Shalimar Bagh, New Delhi against petitioner Nos.1 to 6 and all the proceedings emanating therefrom are quashed and FIR No.219/2006 under Sections 307/308/394/147/148/149/427/34 of Indian Penal Code registered at Police Station Shalimar Bagh, New Delhi against petitioner Nos.7 to 14 and all the proceedings emanating therefrom are also quashed.

The petition is disposed of.

Dasti.

August 06th, 2008

ANIL KUMAR, J. 'k'