t 20* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C' 293/2011 & Crl.M.A. No.1LB6/20LL TALAT AHMED & ORS. ..... Petitioners Through : Mr. S.K. Shukla, Adv. with petitioners in person. versus STATE & ORS. ..... ResPondents Through : Mr. Navin Sharma, APP for State with Investigating Officer. Mr. Abdul Sattar, Adv. for R-2 to 4 with respondents No.2 to 4 in Person. CORAM: HON'BLE MS. ]USTICE HIMA KOHLI ORDER o/o 01.02.2011 1. The present petition is filed by the petitioners under Section 482 Cr.P.C. praying inter alia for quashing of the FIR No.270/2008 lodged by respondent No.2/complainant against the petitioners under Sections 308/323/34 IPC, registered with at PS Malviya Nagar, Delhi, and all proceedings arising therefrom. "2. Counsel for the petitioners states that on account of a trivial quarrel between the children of the petitioners and respondent No.2/complainant, who are residing in the same locality at Hauz Rani, Delhi, an altercation took place between the parties leading to injuries on both sides, due to which cross FIRs were lodged by them against CRL.M.C. 293 /20II Page t of 4 -i 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 a each other. While the petitioners have filed FIR No.27I/2008, based on the same incident, respondent No.2 has filed the. present FIR No.270/2008 claiming inter atia that the petitioners injured him and his relatives, respondents No.3 & 4. 3. It is submitted by the counsel for the petitioners that after the investigation was completed in the FIR, a charge sheet was filed and charges have been framed by the trial court and the matter is pending trial. It is further stated that aggrieved by the order on charge, the petitioners have filed a petition in this Court, being Crl.Rev.P. No.6O3/2009 entitled Talat Ahmed vs. State & Anr., which is pending disposal and is now listed on 17.2.20LL 4. During the pendency of the aforesaid proceedings, with the intervention of well wishers and neighbours, the parties are stated to have arrived at a settlement, as recorded in the Compromise Deed dated 13.1.2011. Both the parties state that in view of the fact that they are residing in the same locality, in the interest of peace and harmony, they have agreed to withdraw the FIRs lodged by them against each other. It is further agreed that in view of the aforesaid settlement arrived at between the parties, the petitioners will withdraw the aforesaid Crl.Rev. P.No.603/2009, which is listed on t7.2.2011. cRL.M.C. 293 /zOrL Page 2 of 4 .{ { 5. Respondents No.2/complainant and respondents No.3 & 4/victims, who are present in the Court and are represented through counsel, state that they have arrived at the aforesaid settlement with the petitioners of their own free will and volition and without any undue influence or coercion from any quarter. They further state that in view the aforesaid settlement, they do not wish to proceed further with the aforesaid complaint filed by them. 6. Learned APP for the State states that pursuant to lodging of the aforesaid FIR, investigation was carried out by the police authorities and evidence has yet to be led. He further states that the State has no objection to the prayer made in the petition being allowed. H€, however, submits that in view of the fact that the petitioners have put into motion the legal machinery of the State, which has resulted in an incurring of unnecessary expenditure and wastage of court's time, costs may be imposed on the petitioners. 7. Having regard to the fact that the dispute between the parties has now been amicably resolved in terms of the settlement arrived at between them, there appears no legal impediment in allowing the present petition. However, considering the nature of the offence and the fact that, on account of the petitioners, the legal machinery of the State has been set into motion, which has resulted in incurring of cRL.M.C. 293 /20Lt Page 3 of 4 i Y { unnecessary expenditure and Wastage Of court'S time, FIR No.27O/2008, subject matter of the present petition, as also all the proceedings arising therefrom are quashed, subject to the petitioners paying a sum of t2,000/- each, in the following manner : i. Each of the petitioners shall deposit a sum of t1,000/- with the Delhi High court Legal services committee, and ii. Each of the petitioners shall deposit a sum of tl,000/- with the Delhi High court Mediation & conciliation centre. B. Needful shall be done within a period of two weeks. Proof of deposit shall be furnished to the learned APP for the State within one week thereafter. The petition is disposed of along with the pending application. File be consigned to the record room. HIMA KOHLI,J FEBRUARY 01,2011 sk cRL.M.C. 293 l20tt Page 4 of 4 I