"5 "7 ^ /* IN THE HIGH COURT OF DELHI AT NEW DELHI \ + CRL.M.C. 318/2011 & CH.MA 1261-1262/2011 KUSHAL SINGH @ GANJU & ORS Petitioners Through Mr.Ravi Bhushan, Advocate with Petitioners in person versus STATE & ANR Respondents Through Mr.Navin Sharma, APP for R-1 SI Ram Phool Singh, PS Annar Colony Respondent No.2/Complainant in person CORAM: HON'BLE MS. JUSTICE HIMA KOHLI ORDER % 02.02.2011 1. The present petition- is filed by the petitioners under Section 482 of the Cr.PC praying inter alia for quashing of FIR No.611/2009, lodged by respondent No.2/conriplainant against them under Sections 308/34 IPC, registered with Police Station: Amar Colony, Delhi. 2. Counsel for the petitioners states that as per respondent No.2/complainant, who is attached as a Clerk with an advocate practicing in the Supreme Court, the date of the incident was 7.12.2009, when he was returning to his residence at Amritpuri Garhi, East of Kailash at 10.30 PM, and was accosted by the petitioners, who had had an argument with his brother a couple of days earlier. The CRL.M.C. 318/2011 Page 1 of 4 Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified petitioners assaulted respondent No.2/complainant, which resulted in him lodging the aforesaid FIR. He further submits that the parties are his neighbours and with the intervention of well wishers and family friends, they have now arrived at a settlement, as recorded in a Compromise Deed dated 24.1.2011(Annexure C). Counsel for the petitioners states that after the investigation was completed, a charge sheet was filed and the matter is now pending for recording of evidence. He also draws the attention of this Court to the affidavit dated 24.1.2011 executed by respondent No.2/complainant to state that he has no objection to the quashing of the FIR, Hence quashing of FIR is sought. 3. Respondent No. 2 is present in Court and is identified by the Investigating Officer. He confirms the fact that he has arrived at the settlement of his own free will and volition and without any undue influence or coercion from any quarter. On enquiring, he states that though a settlement has been arrived at with the . petitioners, he has not received any monetary compensation for the injuries suffered by him for which he had to undergo medical treatment. 4. Learned APP for the State submits that in view of the settlement arrived at between the parties, he has no objection to the CRL.M.C. 318/2011 Page 2 of 4 prayer made in the present petition being allowed. He however' subnnitsthat in view of the fact that it was on accountof the actionsoi the petitionersthat the legai machinery had been put into motion, Which has resulted in an incurring of unnecessaryexpenditureand wastageof court'stime, it is afit case, where costs must be imposed on the petitioners. 5- This Court has heard the counsel for the petitionersand respondentrMo.2/complainant. In view of the submissionmade by respondentI^lo.2/complainantand in view of the fact that the parties have arrived at asettlementof their own free wili and volition and without any undue influenceor coercion from any quarter, no useful purpose will be served by proceeding further with the aforesaidFIR and tlie proceedingsarisingtherefrom. 6. Accordingly, the petition is allowed in view of the aforesaid settlement arrived at betweenthe parties. FIR No.611/2009lodged by respondent l\lo.2/complainantwith Police Station: Amar Colony, New Delhi, and all proceedings arising therefrom are quashed, subject to the condition that the petitionersshall collectivelypay a token compensationof ?5,000/- to respondentNo.2/complainantand deposit a sum of ?5,000/- with the Delhi High Court Mediation and ConciliationCentre.The aforesaidcosts shall be paid by the petitioners CRL.M.C. 318/2011 Page 3 of 4 -A within two weeks, while furnishing proof of payment to the learned APP for the State within the same period, failing which, the registry shall place the matter before the court, 7. The petition is disposed of, along with the pending applications. File be consigned to the record room. HIMA KOHLI,J FEBRUARY 02,2011 mk CRL.M.C. 318/2011 Page 4 of 4