RAJU AGGARWAL & ANR.  Vs STATE NCT OF DELHI & ORS.

CRL.M.C. 106/2021 Page 1 of 5
$~25
* IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 14.01.2021

+ CRL.M.C. 106/2021 & Crl.M.A. 504/2021
RAJU AGGARWAL & ANR. ….. Petitioners
Through: Mr. Tarbez Ahmed, Advocate

Versus

STATE NCT OF DELHI & ORS. ….. Respondents
Through: Mr. Panna Lal Sharma, Additional
Public Prosecutor for respondent
No.1/State with SI Govind Singh,
police station Uttam Nagar
Respondents No.2 to 4

CORAM:
HON’BLE MR. JUSTICE SURESH KUMAR KAIT

J U D G M E N T (ORAL)
The hearing has been conducted through video confe rencing.
1. Vide this petition, petitioners seek quashing of FI R No. 903/2014,
under Sections 323/354/504/509/34 IPC, registered a t police station Uttam
Nagar, Delhi.
2. Notice issued.
3. Mr. Panna Lal Sharma, learned Additional Public Pro secutor for
respondent No.1/State accepts notice and submits th at respondents No.2 to 4
2021:DHC:150 CRL.M.C. 106/2021 Page 2 of 5
are present through video conference and they have been identified by the
Investigating Officer of this case, who is also pre sent through video
conferencing.
4. With the consent of learned counsel for the parties , the present
petition is taken up for final hearing and disposal .
5. On 16.08.2014 an altercation took place between the parties, which
culminated into registration of FIR in question by respondent No.2. Both the
parties are said to be residing in the same localit y.
6. The present petition has been filed on the ground t hat with the
intervention of residents of the same locality, eld ers and friends, parties
decided to amicably resolve their dispute. It is st ated that the parties have
resolved their dispute in terms of Settlement order dated 12.09.2020 through
Mediation Centre, Dwarka Courts, New Delhi, and the refore, the FIR in
question and proceedings arising therefrom be quash ed against the
petitioners.
7. On the other hand, learned Additional Public Prosec utor for State
while opposing this petition, has submitted that a similar petition W.P.(Crl.)
130/2015 was filed by the petitioners for quashing of the FIR in question,
which was dismissed by this Court vide order of 23. 03.2015 and thus, this
2021:DHC:150 CRL.M.C. 106/2021 Page 3 of 5
petition is not maintainable.
8. I have heard learned counsel appearing on behalf o f both the sides.
9. The present petition has been filed on the ground t hat matter has been
amicably resolved between the parties and the compl ainant does not wish to
pursue the case against the petitioners. This Court is informed by learned
Additional Public Prosecutor for State that charge sheet in this FIR case has
been filed but charges are yet to be framed.
10. This Court is conscious that earlier petition W.P.( Crl.) 130/2015 was
preferred by the petitioners, which was dismissed b y this Court, however, I
find that since petitioners and respondents are li ving in the same locality
and they have entered into an amicable settlement, to enable them to restore
cordiality and harmony, it would be in the interest of justice if this petition is
allowed.
11. At this stage, learned Additional Public Prosecutor for State submits
that the FIR in question pertains to the year 2014 and due to registration of
the FIR, Government machinery came into motion and a lot of public time
has been consumed, therefore, heavy cost may be imp osed upon the
petitioners.
12. Learned counsel for the petitioners, on instruction s from the
2021:DHC:150 CRL.M.C. 106/2021 Page 4 of 5
petitioners, has come forward and agreed to contrib ute Rs.2,00,000/-
(Rupees Two Lacs) for welfare purposes. Accordingly , petitioner No.1 is
directed to pay the cost amount in the following ma nner:-
(a) An amount of Rs.50,000/- shall be deposited in favo ur of Middle
Income Group Legal Aid Society;
(b) An amount of Rs.50,000/- shall be deposited in favo ur of Delhi Police
Martyrs Fund;
(c) An amount of Rs.50,000/- shall be deposited in Nirm al Chhaya,
Nirmal Chhaya Complex, Jail Road, New Delhi;
(d) An amount of Rs.50,000/-shall be deposited in favou r of Blind Sewa
Kuteer, Kingsway Camp, Delhi.
13. Petitioner No.1 is directed to deposit the cost wit hin four weeks and
receipt of the same shall be deposited with the Inv estigating Officer
concerned.
14. Taking into account the aforesaid fact, this Court is inclined to quash
the FIR in question, as no useful purpose would be served in continuing with
the proceedings against the petitioners.
15. For the reasons afore-noted, FIR No. 903/2014, regi stered at police
station Uttam Nagar, Delhi and consequent proceedin gs emanating
2021:DHC:150 CRL.M.C. 106/2021 Page 5 of 5
therefrom are quashed.
16. The petition is, accordingly, disposed of.
17. Pending application also stands disposed of.
18. The order be uploaded on the website of this Court forthwith.

(SURESH KUMAR KAIT)
JUDGE
JANUARY 14, 2021
r

2021:DHC:150