DEVENDER Vs. STATE N C T OF DELHI

JUDGEMENT

(1.) CRL. M. C. No. 2239/2008 this is a joint petition filed by the accused as well as the complainant seeking quashing of fir No. 113/2007 under Sections 308/452/ 323/34 IPC registered at P. S. Alipur against petitioners No. l to 7. Parties pray that the said FIR and all the proceedings emanating therefrom be quashed because they have amicably settled the matter. They state that they all reside in the same locality and after having amicably resolved their differences they have no quarrel with each other any longer. Notice in this matter was issued on 18. 7. 2008. Trial Court record has also been summoned and perused. Trial Court record shows that three persons had received injuries and as per mlc, the injuries that have been sustained by the injured are simple in nature. The petitioners rely on the decision of Single Judge in Basara and Ors Vs. State and Anr. 2008 (1) C. C. Cases (HC) 337, where an FIR under Section 307/34 was quashed on the plea that in that case both the accused and the complainants had arrived at an amicable compromise amongst themselves and that no useful purpose was likely to be served by continuing with the criminal case. There also, the petitioners and the complainant were residents of the same locality and the court observed that,

(2.) THE petitioners and the complainant have jointly filed this petition for quashing the FIR in question. They have filed their affidavits along with compromise deed dated 30. 3. 2008 to that effect.

(3.) MR. Manoj Rana identifies Mr. Braham prakash, petitioner No. 8, who is also the complainant in the aforementioned FIR no. 113/07 under Sections 308/452/323/34 ipc, registered at Police Station Alipur. He has also produced an identity card issued by the election Commission of India bearing No. DL/ 04/054/183530. Photocopy of the same has been kept on the record. Let his statement as well as the statement of the injured, who are arrayed as petitioners No. 9 to 12, and are present in Court, be recorded.