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[Cites 4, Cited by 17]

Delhi High Court

Sh.Suresh Kumar & Others vs State (Govt. Of Nct Of Delhi) & Another on 6 August, 2008

Author: Anil Kumar

Bench: Anil Kumar

*           IN THE HIGH COURT OF DELHI AT NEW DELHI

+                      CRL.M.C.No.2283/2008

%                 Date of decision : 06.08.2008


Sh.Suresh Kumar & Others                          ....... Petitioners
                     Through:        Mr.Sunil Guatam, Advocate along
                                     with petitioners.


                                 Versus



State (Govt. of NCT of Delhi) & Another          ......... Respondents
                         Through : Mr.Amit Sharma, APP for State
                                     along with SI R.K. Meena, P.S. R.K.
                                     Puram.
                                     Mr.Satish Kumar, Advocate for
                                     respondent      No.2     along   with
                                     respondent No.2 in person.


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

      1.    Whether reporters of Local papers may             YES
            be allowed to see the judgment?
      2.    To be referred to the reporter or not?            NO
      3.    Whether the judgment should be reported           NO
            in the Digest?

ANIL KUMAR, J.

* Petitioners/accused and their counsel are present. Issue notice. Mr.Sharma accepts notice on behalf of State and Mr.Kumar accepts notice on behalf of respondent No.2, Shri Eklavya, who is present in the Court.

CRL.M.C.No.2283/2008 Page 1 of 3

Learned counsel for the parties contend that the matter has since been resolved between the parties and the complainant, respondent No.2, Shri Eklavya, does not want to pursue the proceedings pursuant to FIR No.227/2006 under Sections 147/148/149/308 of Indian Penal Code registered on 10.04.2006 at Police Station R.K. Puram, New Delhi. It is contended that the parties belong to same village and are neighbours and since the matter has been compromised, it shall be in the interest of justice and for future peace that the said FIR and the proceedings emanating therefrom are quashed.

Let the statement of respondent No.2 be recorded, who is identified by his counsel.

Statement of respondent No.2 has been recorded. Learned counsel for the parties contend that the since the matter has been resolved amicable between the parties and the respondent No.2, complainant, has agreed for quashing of the above-said FIR, no useful purpose shall be served in continuing with the proceedings pursuant to FIR No.227/2006 under Sections 147/148/149/308 of Indian Penal Code registered on 10.04.2006 at Police Station R.K. Puram, New Delhi.

Considering the facts and circumstances that the parties are neighbours, it will be in the interest of justice to quash the above-said FIR so that peace may prevail between the parties in future. Learned Additional Public Prosecutor, Mr.Sharma, has also no objection to the quashing of the FIR.

CRL.M.C.No.2283/2008 Page 2 of 3

Consequently, in the totality of facts and circumstances, FIR No.227/2006 under Sections 147/148/149/308 of Indian Penal Code registered on 10.04.2006 at Police Station R.K. Puram, New Delhi, and all the proceedings emanating therefrom against petitioners are quashed.

The petition is disposed of. Pending applications, if any, are also disposed of.

Dasti.

August 06, 2008                                    ANIL KUMAR, J.
'Dev'




CRL.M.C.No.2283/2008                                     Page 3 of 3