Anand Kumar & Anr vs The State Of Nct Of Delhi & Ors on 16 October, 2020

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Delhi High Court - Orders

Anand Kumar & Anr vs The State Of Nct Of Delhi & Ors on 16 October, 2020

Bench: Anu Malhotra

                          $~20
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      CRL.M.C. 1726/2020
                                 ANAND KUMAR & ANR.                        ..... Petitioners
                                                 Through: Mr. Indu Bhushan Vimal, Adv.

                                                    versus

                                 THE STATE OF NCT OF DELHI & ORS           ..... Respondents
                                               Through: Mr. Kamal Kr. Ghei, APP for State
                                                        with SI Ramesh Kumar.
                                                        Ms. Inderjeet Sidhu, Adv. for R-2-7

                                 CORAM:
                                 HON'BLE MS. JUSTICE ANU MALHOTRA
                                           ORDER

% 16.10.2020 (hearing through video conferencing) Vide the present petition, the petitioners seek quashing of the FIR No.1257/2015, PS Nihar Vihar, registered under Sections 323/325/341/354/34 of the Indian Penal Code, 1860 submitting to the effect that a settlement has been arrived at between the parties.

The Investigating Officer of the case is present and has identified the petitioners as being the accused arrayed in the FIR in question and has identified the respondent nos.2 to 7 of whom the respondent no.2 is the complainant of the said FIR with the FIR having been lodged in view of the virtual road rage.

In replies to the specific Court queries the respondent nos.2 to 7 have stated that they do not oppose the prayer made by the petitioners seeking quashing of the FIR in question nor do they want them to be punished in relation thereto. The respondent nos.2 to 7 also state that they have made Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:17.10.2020 15:26 their statements voluntarily of their own accord without any duress, pressure or coercion from any quarter.

On behalf of the State, learned APP for the State submits that there is no opposition to the prayer made by the petitioners seeking quashing of the FIR in question.

Written submissions have also been submitted on behalf of the respondent nos.2 to 7 by the legal aid counsel submitting also to the effect that in view of the settlement arrived at between the parties in as much as the matter relates to a road rage, the prayer made by the petitioners seeking quashing of the FIR be allowed.

In as much as the Investigating Officer has identified the petitioners and the respondent nos.2 to 7 and as there appears no reason to disbelieve the statements of the respondent nos.2 to 7 that they have arrived at a settlement with the petitioners, in the circumstances, it is considered appropriate for maintenance of peace and harmony between the parties that the FIR No.1257/2015, PS Nihar Vihar, registered under Sections 323/325/341/354/34 of the Indian Penal Code, 1860 is quashed and the same is accordingly quashed against the petitioners.

The petition is disposed of.

ANU MALHOTRA, J OCTOBER 16, 2020 vm Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:17.10.2020 15:26 IN THE HIGH COURT OF DELHI AT NEW DELHI 20 CRL.M.C. 1726/2020 ANAND KUMAR & ANR. Vs. THE STATE OF NCT OF DELHI & ORS 16.10.2020 CW-1 SI Ramesh Kumar, PS Nihal Vihar.

I identify the petitioner no.1 Mr. Anand Kumar and the petitioner no.2 Mr. Sunil as being the accused in FIR No.1257/2015, PS Nihar Vihar, registered under Sections 323/325/341/354/34 of the Indian Penal Code, 1860 and I also identify the respondent no.2 Mr. Harpal Singh, respondent no.3 Mr. Amarjeet Singh, respondent no.4 Mr. Bhajan Singh, respondent no.5 Mr. Bunty Singh, respondent no.6 Mr. Inderjeet Singh and respondent no.7 Ms. Balvinder Kaur, of whom, the respondent no.2 is the complainant of the FIR in question.

ANU MALHOTRA, J.

RO & AC 16.10.2020 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:17.10.2020 15:26 IN THE HIGH COURT OF DELHI AT NEW DELHI 20 CRL.M.C. 1726/2020 ANAND KUMAR & ANR. Vs. THE STATE OF NCT OF DELHI & ORS 16.10.2020 CW-2 Mr. Harpal Singh, S/o Mr. Bhajan Singh, R/o H.No.259, Chand Nagar, Tilak Nagar, Delhi.

ON S.A. In view of the settlement arrived at between me and the petitioners, I do not oppose the prayer made by the petitioners seeking quashing of the FIR No.1257/2015, PS Nihar Vihar, registered under Sections 323/325/341/354/34 of the Indian Penal Code, 1860 nor do I want the petitioners to be punished in relation thereto.