Delhi High Court - Orders
Sh Kamal Kishore & Anr vs The State N.C.T.Of Delhi & Ors on 9 March, 2022
Author: Anu Malhotra
Bench: Anu Malhotra
$~73
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 1053/2022 & CRL.M.A. 4541-4542/2022
SH KAMAL KISHORE & ANR. ..... Petitioners
Through: Mr. D.K. Sharma, Advocate with
petitioners.
versus
THE STATE N.C.T.OF DELHI & ORS. ..... Respondents
Through: Mr. Izhar Ahmad, APP for State with
SI Amarpal, PS Hauz Qazi.
R-2 and R-3, complainant and victim.
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER
% 09.03.2022 CRL.M.A. 4542/2022 (Ex.) Exemption allowed subject to all just exceptions. The application stands disposed of. CRL.M.C. 1053/2022 & CRL.M.A. 4541/2022 The petitioners, vide the present petition, have sought the quashing of the FIR No.176/2016, PS Hauz Qazi, under Sections 323/509/354/354B/34 of the Indian Penal Code, 1860 submitting to the effect that a settlement has since been arrived at between the parties to the petition and no useful purpose would be served by the continuation of the proceedings qua the FIR. The deputed Investigating Officer of the case informs that the FIR is under Sections 323/354/354B/34 of the Indian Penal Code, 1860 and not under Section 509 of the Indian Penal Code, 1860.
Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:15.03.2022 17:18:32 This file is digitally signed by PS to HMJ ANU MALHOTRA.
The deputed Investigating Officer of the case is present and has identified the petitioner nos. 1 and 2 i.e. the petitioner no.1 Sh.Kamal Kishore and petitioner no.2 Sh.Ravi as being the two accused arrayed in FIR No.176/2016, PS Hauz Qazi, under Sections 323/354/354B/34 of the Indian Penal Code, 1860 through the proof of identities placed on the record and he has also identified the respondent nos.2 and 3, i.e., respondent No.2 Sh.Madan Lal and respondent No.3 Ms. Kiran @ Chander Kiran as being the complainant and the victim respectively qua the said FIR.
The respondent nos.2 and 3 have affirmed having signed their affidavits and as well as the compromise deed dated 25.02.2022, and submit that, in as much as, the petitioner nos. 1 and 2 are their neighbours and that the parties have to live together, they all need to live peacefully and that the respondent Nos.2 and 3 do not oppose the prayer made by the petitioners seeking the quashing of the FIR nor do they want them to be punished in relation thereto.
The memo of parties on the record indicates that the petitioner Nos.1 and 2 and the respondent Nos.2 and 3 are residents of the same building H.No.1120, Kucha Harjas Mal, Sita Ram Bazar, Delhi-06 and reside on different floors, in as much as, the petitioner Nos.1 and 2 reside on the 4th floor and respondent Nos.2 and 3 reside on the 3 rd floor of the said premises.
The record indicates that on 16.12.2021, during the trial of the proceedings also in relation to this FIR, the petitioner No.1 and the respondent No.3 had given joint statement to the effect that they have resolved their disputes amicably and would seek the quashing of the Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:15.03.2022 17:18:32 This file is digitally signed by PS to HMJ ANU MALHOTRA.
FIR.
The averments made in the petition indicate inter alia to the effect that the respondent No.3 has also since got married and the respondent Nos.2 and 3 do not seek to pursue the proceedings any further qua the FIR in question.
The respondent nos.2 and 3 in their deposition on oath in replies to specific Court queries have stated that they have arrived at a settlement with the petitioners voluntarily on their own accord and have agreed to live peacefully.
On behalf of the State, there is no opposition to the prayer made by the petitioners seeking the quashing of the FIR in question in view of the settlement arrived at between the parties.
In the circumstances, for maintenance of peace and harmony between the parties who are apparently neighbours residing in the same building, it is considered appropriate to put a quietus to the litigation between the parties in relation to the FIR No.176/2016, PS Hauz Qazi, under Sections 323/354/354B/34 of the Indian Penal Code, 1860 against the petitioner Nos.1 and 2, which is thus quashed.
The petition and the accompanying application are disposed of accordingly.
ANU MALHOTRA, J MARCH 9, 2022 ha Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:15.03.2022 17:18:32 This file is digitally signed by PS to HMJ ANU MALHOTRA.
IN THE HIGH COURT OF DELHI: NEW DELHI 73 CRL.M.C. 1053/2022 SH KAMAL KISHORE & ANR. versus THE STATE N.C.T.OF DELHI & ORS.
09.03.2022 CW-1 SI Amarpal, PS Hauz Qazi.
ON S.A. I have been deputed to attend the proceedings qua the FIR No.176/2016, PS Hauz Qazi, under Sections 323/354/354B/34 of the Indian Penal Code, 1860.
I identify the petitioner nos.1 and 2 i.e. petitioner no.1 Sh.Kamal Kishore and petitioner no.2 Sh.Ravi as being the two accused arrayed in the said FIR as per the proof of identities placed on record and I also identify the respondent nos.2 and 3 i.e., respondent No.2 Sh.Madan Lal and respondent No.3 Ms. Kiran @ Chander Kiran as being the complainant and the victim respectively qua the said FIR.
RO & AC ANU MALHOTRA, J
09.03.2022
Signature
Not Verified
Digitally Signed
By:SUMIT GHAI
Signing
Date:15.03.2022
17:18:32
This file is
digitally signed by
PS to HMJ ANU
MALHOTRA.
IN THE HIGH COURT OF DELHI: NEW DELHI 73 CRL.M.C. 1053/2022 SH KAMAL KISHORE & ANR. versus THE STATE N.C.T.OF DELHI & ORS.
09.03.2022 CW-2 Sh.Madan Lal, S/o Sh.Nanak Chand, aged 40 years, R/o H.No.1120, Third Floor, Kucha Harjas Mal, Sita Ram Bazar, Delhi-06. ON S.A. My affidavit dated 25.02.2022 and the compromise deed dated 25.02.2022 between me and the petitioners bear my signatures thereon which I have signed voluntarily of my own accord without any duress, coercion or pressure from any quarter.
The petitioners are my neighbours and in view of the settlement arrived at between me and the petitioners, I do not oppose the prayer made by the petitioners seeking the quashing of the FIR No.176/2016, PS Hauz Qazi, under Sections 323/354/354B/34 of the Indian Penal Code, 1860 nor do I want them to be punished in relation thereto.
I have done B.Sc. and I am an artist.
I have made my statement after understanding the implications thereof voluntarily of my own accord without any duress, coercion or pressure from any quarter and I do not need to think again.
RO & AC ANU MALHOTRA, J
09.03.2022
Signature
Not Verified
Digitally Signed
By:SUMIT GHAI
Signing
Date:15.03.2022
17:18:32
This file is
digitally signed by
PS to HMJ ANU
MALHOTRA.
IN THE HIGH COURT OF DELHI: NEW DELHI 73 CRL.M.C. 1053/2022 SH KAMAL KISHORE & ANR. versus THE STATE N.C.T.OF DELHI & ORS.
09.03.2022 CW-2 Ms. Kiran @ Chander Kiran, D/o Sh.Nanak Chand, aged 30 years, R/o H.No.1120, Third Floor, Kucha Harjas Mal, Sita Ram Bazar, Delhi-06.
ON S.A. My affidavit dated 25.02.2022 and the compromise deed dated 25.02.2022 between me and the petitioners bear my signatures thereon which I have signed voluntarily of my own accord without any duress, coercion or pressure from any quarter.
The petitioners are my neighbours and we need to live peacefully as we have to live together, and in view of the settlement arrived at between me and the petitioners, I do not oppose the prayer made by the petitioners seeking the quashing of the FIR No.176/2016, PS Hauz Qazi, under Sections 323/354/354B/34 of the Indian Penal Code, 1860 nor do I want them to be punished in relation thereto.
I have studied till standard XII.
I have made my statement after understanding the implications thereof voluntarily of my own accord without any duress, coercion or pressure from any quarter and I do not need to think again.
RO & AC ANU MALHOTRA, J
09.03.2022
Signature
Not Verified
Digitally Signed
By:SUMIT GHAI
Signing
Date:15.03.2022
17:18:32
This file is
digitally signed by
PS to HMJ ANU
MALHOTRA.