(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,
"petitioners and complainant are residents of same locality. Peace has been brought in the locality with the intervention of the well wishers of the locality. When there is peace in locality, there will be peace in the town. When there is peace in town, there will be peace in city. When there is peace in city, there will be peace in State. When there is peace in State, there will be peace in country. It is therefore in the interest of society that permission to quash the FIR in question is granted by this Court. Moreover, since petitioners and complainant are resident of the same locality, continuation of criminal proceedings will only revive the bitter memories of the past and may lead to further enmity between them"
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(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.
(4) STATEMENTS of the complainant and informant, Mr. Braham Prakash, who is also petitioner No. 8 in this petition as well as the injured, who are petitioners No. 9 to 12 here, have been recorded. It is admitted that all the parties in this matter belong to the same village and the same community, and that they are neighbors. The nature of injuries is aiso stated to be simple.
(5) LOOKINQ to the decision of this Court. in the aforementioned case of Basara and Ors. Vs. State and Anr. and in view of what has been stated by learned counsel for the parties, as also the statements of petitioner No. 8, Mr. Braham Prakash and petitioners No. 9, 10, 11 and 12, i. e. Mr. Kuldeep, Mr. Raj Kumar, smt. Topni Devi and Mr. Ram Niwas respectively, it would be proper that the matter is put to rest finally as no useful purpose would be served in continuing with the trial in which all the aforesaid persons, who happen to be the complainant/ informant as well as all the injured, are not supporting their case.
(6) ACCORDINGLY, FIR No. 113/07 under sections 308/452/323/34 IPC, registered at police Station Alipur and all the proceedings emanating therefrom against all the accused persons are hereby quashed. The petition is disposed of accordingly. Dasti. Cri. M. C. No. 2239/2008 statement of Mr. Ram Niwas. S/o Shri kashi Ram. R/o. Village Hiranki. Delhi-II0036 on S. A. I am one of the injured in the FIR No. 113/ 07 under sections 308/452/323/34 IPC, registered at Police ,station Alipur. All the differences between me and other petitioners no. 1 to 7 in this petition, who are the accused, have been sorted out. I do not want to pursue these proceedings any further. I want to put an end to all the 'problems and pray that the all proceedings emanating from the said FIR against all the accused persons be quashed. I am making this statement on my own free wilt without any force, coercion or undue influence. Crl. M. C. No. 2239/2008 statement of Mr. Kuldeep, S/o Shri braham Prakash, R/o 'village Hiranki, Delhi-II0036 on S. A. I am one of the injured in the FIR No. 113/07 under sections 308/452/323/34 IPC, registered at Police' Station Alipur. All the differences between me and other petitioners no. 1 to 7 in this petition, who are the accused, have been sorted out. I do not want to pursue these- proceedings any further. I want to put an end to all the problems and pray that the all proceedings emanating from the said FIR against all the accused persons be quashed. I am making this statement on my own free will, without any force, coercion or undue influence. Crl. M. C. No. 2239/2008 statement of Mr. Raj Kumar. S/o Shri jaggan Nath. R/o Village Hiranki. Delhi-II0036 on S. A. I am one of the injured in the FIR No. 113/07 under sections 308/452/323/34 IPC, registered at Police Station Alipur. All the differences between me and other petitioners no. 1 to 7 in this petition, who are the accused, have been sorted out. I do not want to pursue these proceedings any further. 1 want to put an end to all the problems and pray that the all proceedings emanating from the said FIR against all the accused persons be quashed. I am making this statement on my own free will, without any force, coercion or undue influence. Crl. M. C. No. 2239/2008 statement of Smt. Topni Devi. W/o Shri kashi Ram. R/o Village Hiranki. Delhi-II0036 on S. A. I am one of the injured in the FIR No: 113/07 under sections 308/452/323/34 IPC, registered at Police Station Alipur. All the differences between me and other petitioners no. 1 to 7 in this petition, who are the accused, have been sorted out. I do not want to pursue these proceedings any further. I want to put an end to all the problems and pray that the all proceedings emanating from the said FIR against all the accused persons be quashed. I am making this statement on my own free will, without any force, coercion or undue influence. Crl M. C. No. 2239/2008. Statement of Mr. Braham Prakash S/o shri Lakhi. Singh. Aged 44 years. R/o village Hiranki. Delhi-II0036 on S. A. I am the complainant/ informant in this case. All the differences between/me and other petitioners No. l to 7, who are the accused, have been sorted out. In this connection, I have also filed the supporting affidavit, Exhibit c-1. My thumb impression is at point '1' and '2' in Exhibit C-l. Exhibit C-2 is the compromise deed dated 30th March, 2008. My thumb impression on Exhibit C-2 is at point T. All the parties in this matter belong to the same community and we are residing in the same village and we are. neighbors. I do not want to pursue the complaint made by me which is recorded as FIR No. 113/07 under sections 308/452/323/34 IPC, registered at Police station Alipur. Now, I want to put an end to all the problems and pray that the all proceedings emanating from the said FIR against all the accused persons be quashed. I am making this statement on my own free will, without any force, coercion or undue influence.