ASHWANI SHARMA AND ORS. Vs. STATE AND ORS.

JUDGEMENT

(1.) VIDE the present petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioner seeks quashing of FIR No. 101/2011 registered at Police Station Lodhi Colony, New Delhi for the offences punishable under Sections 308/34 of the IPC and the consequential proceedings emanating therefrom against them.

(2.) LEARNED counsel appearing on behalf of the petitioner submit that the aforesaid case was registered on the complaint of respondent No. 2, Santosh Kumar Mahto and respondent No. 3 also received injuries. The police has filed the charge sheet, and matter is pending for trial after framing of charges. In the scuffle, family members of petitioner Nos. 1 & 2 also received injuries and a Criminal Complaint Case No. 690/2012 was filed and respondent Nos. 2 and 3 were summoned for the offences punishable under Sections 323/506/509/34 of the IPC. Meanwhile, both the sides have amicably settled their disputes vide Compromise Deed dated 24.09.2015 due to intervention of common friends and respectable members of society. It is also agreed that petitioners will pay an amount of Rs. 2.50 Lac to respondent No. 3 at the time of quashing of the case. Both sides, i.e., petitioners as well as the respondents are resident of same vicinity and good neighbours however, due to some confusion, cross -cases are pending against them. Both the parties agreed that the above said criminal case would be withdrawn against respondent Nos. 2 & 3 before learned Trial Court.

(3.) LEARNED Additional Public Prosecutor appearing on behalf of the State submits that petitioners have been charge -sheeted and after framing of charges, matter is pending for trial before learned Trial Court. The present matter was registered in the year 2011 and due to the present case, government machinery came into motion and public time and money has been consumed. Pursuant to settlement between the parties, if this Court is inclined to allow the petition, petitioners may be put to some terms.