RAJESHWAR BAL Vs. STATE

JUDGEMENT

(1.) The present petition is filed by the petitioners under Section 482 Cr.P.C. praying inter alia for quashing of proceedings initiated by the respondent No.2/complainant against the petitioners on the basis of an FIR No.315/2009 lodged by him under Sections 308/323/342/34 IPC with PS Mehrauli.

(2.) It is stated in the petition that the dispute which arose between the parties, was civil in nature and related to non-payment of rent by the petitioners, who were at the relevant time, the tenants of one Smt. Gyanwati, landlady in respect of the premises bearing No.39-A, Silver Oak Farm, Ghitorni, New Delhi. Both the parties state that when the respondent No.2 accompanied the sons of the landlady to seek recovery of rent from the petitioners, heated words were exchanged between the parties and a trivial issue got blown out of proportion, and in the scuffle, which took place between the parties, both sustained some injuries. As a result, cross- complaints were filed by both the parties against each other. It is further stated that within the one week of the aforesaid incident, the parties arrived at a mutual settlement, in terms of which the petitioners paid the arrears of rent to the landlady and also handed over vacant peaceful physical possession of the tenanted premises to her.

(3.) Both the parties sought and were granted anticipatory bail in the two FIRs lodged by them against each other. Thereafter a challan is stated to have been filed in respect of the FIR No.315/2009, subject matter of the present petition, as also in respect of the FIR No.306/2009, lodged by the petitioner No.1 herein against Shri Satinder Lohiya, Sunder Lohiya and Sunil, petitioners in Crl.M.(M) No.2245/2010. It is stated by the parties that in view of the aforesaid settlement arrived at between them, no useful purpose will be served by proceeding further with the aforesaid FIRs and the proceedings arising therefrom and it would be in the interest of justice that the settlement arrived at between the parties be accepted and the respective FIRs, subject matter of the present petition as also the Crl.M.(M) No.2245/2010, be quashed.