Rajesh & Anr vs The State & Ors on 14 December, 2020

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Delhi High Court - Orders

Rajesh & Anr vs The State & Ors on 14 December, 2020

Bench: Anu Malhotra

                      $~28
                      *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                      +      W.P.(CRL) 1858/2020
                             RAJESH & ANR.                             ..... Petitioners
                                             Through: Mr. Jai Subhash Thakur, Adv.

                                                 versus

                             THE STATE & ORS.                                 ..... Respondents
                                           Through:          Mr. Tanuj Bhadana, Adv. for Ms.
                                                             Avi Singh ASC for State.

                             CORAM:
                             HON'BLE MS. JUSTICE ANU MALHOTRA
                                       ORDER

% 14.12.2020 (through physical hearing) The amended memo of parties is stated to have been filed vide diary no.1249539/2020 dated 11.12.2020 which is however not placed on record. Learned counsel for the petitioners has submitted the original thereof, the same is taken on record in view of the factum that the IO of the case identifies the petitioner nos.1 to 4 as being the four accused in the instant case and also identifies the respondent no.2 to 6 of whom, the respondent no.2 is the complainant of the FIR No.510/2020, PS Shahbad Dairy under Sections 308/323/341/34 of the Indian Penal Code, 1860 and the respondent nos.3 to 6 are injured thereof.

Vide the present petition the petitioners seek the quashing of the FIR No.510/2020, PS Shahbad Dairy under Sections 308/323/341/34 of the Indian Penal Code, 1860 submitting to the effect that a settlement has since been arrived at the between the parties. Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:15.12.2020 13:44:53 This file is digitally signed by PS to HMJ ANU MALHOTRA.

The respondent nos.2 to 6 in their deposition on oath by the Court have accepted having executed the Memorandum of Understanding dated 07.12.2020 between them and the petitioners voluntarily of their own accord without any duress, coercion or pressure from any quarter. The respondent no.4 Mohd. Ilyas sought that the petitioners should not repeat their act and should remain peaceful.

The petitioner nos.1 to 4 in their statement on oath have undertaken to adhere to the terms of the Memorandum of Understanding dated 07.12.2020 and undertaken to live peacefully.

In view thereof in as much as the petitioners and the respondent nos.2 to 6 apparently live in the same locality, for maintenance of peace and harmony between them, it is considered appropriate to put a quietus to the litigation between the parties in relation to the FIR No.510/2020, PS Shahbad Dairy under Sections 308/323/341/34 of the Indian Penal Code, 1860 and all consequential proceedings emanating therefrom, which is thus quashed.

ANU MALHOTRA, J DECEMBER 14, 2020 vm Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:15.12.2020 13:44:53 This file is digitally signed by PS to HMJ ANU MALHOTRA.

IN THE HIGH COURT OF DELHI: NEW DELHI 28 W.P.(CRL) 1858/2020 RAJESH & ANR. Vs. THE STATE & ORS 14.12.2020 CW-1 SI Praveen Bunkar, PS Shahbad Dairy. ON S.A. I identity the petitioner no.1 Mr. Rajesh, petitioner no.2 Mr. Rakesh, petitioner no.3 Mr. Vishal and petitioner no.4 Mr. Vikas as being the four accused arrayed in the FIR No.510/2020, PS Shahbad Dairy under Sections 308/323/341/34 of the Indian Penal Code, 1860 and I also identify the respondent no.2 Mohammad Imran as being the complainant of the said FIR and I also identify the respondent no.3 Mohammad Irfan, respondent no.4 Nasim Jahan, respondent no.5 Mohd. Ilyas and respondent no.6 Shahin Shehnaz as being the injured in the instant case.

                      RO & AC                                             ANU MALHOTRA, J
                      14.12.2020




Signature
Not Verified
Digitally Signed
By:SUMIT GHAI
Signing
Date:15.12.2020
13:44:53
This file is
digitally signed by
PS to HMJ ANU
MALHOTRA.

IN THE HIGH COURT OF DELHI: NEW DELHI 28 W.P.(CRL) 1858/2020 RAJESH & ANR. Vs. THE STATE & ORS 14.12.2020 CW-2 Mohammad Imran, s/o Mohd. Ilyas, date of birth 12.02.1987, r/o D-18/9, Shahbad Dairy, New Delhi.

ON S.A. In view of the settlement arrived at between me and the petitioners, I have signed Memorandum of Understanding dated 07.12.2020, original of which has now been submitted voluntarily of my own accord without any duress, coercion or pressure from any quarter.

The petitioners live in the same area where I live. In view thereof, I do not oppose the prayer made by the petitioner seeking the quashing of the FIR No.510/2020, PS Shahbad Dairy under Sections 308/323/341/34 of the Indian Penal Code, 1860 nor do I want the petitioners to be punished in relation thereto.