MAKHAN SINGH AND OTHERS Vs. STATE AND ANOTHER

JUDGEMENT

(1.) By way of this petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioners seek quashing of FIR No.122/2012 registered at Police Station Tilak Nagar, New Delhi, Delhi, for the offences punishable under Sections 308/34 IPC and the consequential proceedings emanating therefrom against them.

(2.) Learned counsel appearing on behalf of the petitioners submits that the aforesaid case was registered on the complaint of respondent No.2, namely, Satnam Singh. After investigation, the police has filed the chargesheet, however, cognizance is not yet taken. The petitioner No.1 and the respondent No.2 are the real brothers and the petitioners No. 2 and 3 are sons of petitioner No.1 and nephews of respondent No.2. Meanwhile, with the intervention of the common friends and the respectable members of the locality, the respondent No. 2 has amicably settled their disputes with the petitioners vide Settlement dated 17.04.2015 arrived at before the Gurudwara Sri Guru Nanak Warha, Bhat Sikh Sangat (Regd.), Sham Nagar, New Delhi. It is submitted that statement of the respondent No.2 to this effect has also been recorded on 29.05.2015 by the learned Civil Judge-III (West). Both the parties are related to each other, however, due to some confusion, cross-cases were registered against the parties. Thus, respondent No.2 has no objection if the present petition is allowed. Copy of the aforementioned settlement is annexed to the present petition as Annexure B.

(3.) Respondent No.2 is personally present in the Court with his counsel named above. He has been duly identified by the Investigating Officer SI Haroon. The learned counsel under instructions does not dispute the submissions made by the learned counsel for the petitioners and submits that matter stands settled between the parties. Respondent No.2 affirms the contents of aforesaid settlement and of his affidavit dated 22.08.2015 supporting this petition and submits that since the matter has been settled with the petitioners, therefore, to maintain peace and harmony in the family, he does not wish to pursue this case further against the petitioners.