28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 154/2011 ASHOK MAAN & ANR Petitioners Through Mr.Raj Kumal, Advocate With petitioners in person versus NCT OF DELHI & ANR Respondents Through Mr.Navin Sharma, APP for R-1. Mr.]oginder Singh, R-2/Complainant in person SI S.P.Singh, PS Mehrauli CORAM: HON'BLE MS. JUSTICE HIMA KOHLI ORDER % 20.01.2011 1. The present petition is filed by the petitioners under Section 482 of the Cr.PC praying inter a/ia for quashing of FIR No.256/2004, lodged by respondent No.2/complainant against the petitioners under Sections 341/279/427/506 IPC, registered with Police Station: Mehrauli, New Delhi. 2. It is stated by the counsel for the petitioners that the basis of the FIR is an incident which occurred on 20.4.2004 when as per respondent No.2, he was driving a blue line bus and had stopped at CRL.M.C. 154/2011 Page 1 of 4 Signing Date:16.08.2024 17:03:05 Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified the Mehrauli terminal for passengers to board the bus, when petitioner No.2 rashly halted the bus in front of the bus of respondent No.2/ complainant and reversed it into the standing bus of the complainant causing damage to it. At the same time, petitioner No. 1, the owner of the bus arrived at the spot and physically assaulted and threatened respondent No.2/complainant. 3. It is stated that during the pendency of the present proceedings, the parties have arrived at a settlement, as recorded in the Compromise Deed dated 12.1.2011, in terms of which it is agreed that respondent No.2/complainant shall have no objection to the quashing of the present FIR. 4. Respondent No.2/complainant is present in Court and is identified by the counsel for the petitioners. He confirms the fact that he has arrived at the aforesaid settlement with the petitioners of his own free will and volition and without any undue influence or coercion from any quarter. 5. Learned APP for the State submits that after completion of investigation, charge-sheet has been filed and the matter is at the stage of prosecution evidence. He further states that in view of the CRL.M.C. 154/2011 Page 2of4 settlement arrived at between the parties, he has no objection to the prayer made in the present petition being allowed. He however, submits that in view of the fact that it was on account of the petitioners that the legal machinery was put into motion, which has resulted in an incurring of unnecessary expenditure and wastage of Court's time, it is a fit case, where costs must be imposed on the petitioners. 6. This Court has heard the counsel for the petitioners and respondent No.2/complainant. In view of the submission made by respondent No.2/complainant and in view of the fact that the parties have arrived at a settlement of their own free will and volition and without any undue influence or coercion from any quarter, no useful purpose will be served by proceeding further with the aforesaid FIR and the proceedings arising therefrom. 7. Accordingly, the petition is allowed in view of the aforesaid settlement arrived at between the parties. FIR No.256/2004 lodged by respondent No.2/complainant with Police Station: Mehrauli, New Delhi, and all proceedings arising therefrom are quashed, subject to the condition that the petitioners shall pay costs of 5,000/- each, which shall be deposited with the Delhi High Court Legal Services CRL.M.C. 154/2011 Page 3of4 Committee. The costs shall be deposited by the petitioners within two weeks, while furnishing proof of payment to the learned APP for the State within the same period. 8. The petition is disposed of. File be consigned to the record room. HIMA KOHLI,J JANUARY 20, 2011 mk to CRL.M.C. 154/2011 Page 4 of 4