Afitya Goel @ Monu v. State (NCT Of Delhi) & ANR

$~30 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 130/2017 AFITYA GOEL @ MONU ..... Petitioner Through:

Mr.R.S.Thakur and Mr.Kallu Singh, Advocates with the petitioner in person.

versus STATE (NCT OF DELHI) & ANR ..... Respondents Through:

Mr.Kewal Singh Ahuja, APP for State with SI Vikas Kumar, P.S. Bindapur, Delhi.

Mr.Anil Kumar, Advocate for R2 with R2/complainant in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 13.01.2017 Crl.M.A.No.657/2017 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 130/2017 This is a petition under Section 482 Cr.P.C. filed on behalf of the petitioner seeking quashing of FIR No.294/2012, under Sections 336/506 IPC and Sections 25/27/54/59 of Arms Act, registered at Police Station Bindapur, New Delhi and all proceedings emanating therefrom.

Counsel for the petitioner submits that the petitioner and the respondent No.2/complainant are neighbours, but due to misunderstanding arisen between the parties, a quarrel took place which resulted in the registration of an FIR No.294/2012, under Sections 336/506 IPC and Sections 25/27/54/59 of Arms Act at Police Station Bindapur, New Delhi. Counsel further submits that after the registration of the FIR, the near relatives and friends intervened and the differences have been sorted out and the same has been reduced into writing vide settlement dated 19.05.2016.

Counsel further submits that nothing further remains to be adjudicated between the parties and further submits that the present FIR is coming as hurdle in the peaceful life of both the parties and prays that to have peace and better relationship between the parties in near future, the FIR and all subsequent proceedings arising therefrom may be quashed. The respondent No.2/complainant is present in Court today and has been identified by the IO SI Vikas Kumar, P.S. Bindapur, Delhi and his counsel, Mr.Anil Kumar, Advocate. The respondent No.

2/complainant admits the factum of amicable settlement with the petitioner and submits that all the differences between him and the petitioner have now been sorted out, as they are neighbour and nothing remains to be adjudicated further between them and further submits that the settlement reached between them is voluntary and without any force, pressure or coercion and he has no objection if the FIR is quashed.

Looking into the above facts and circumstances, since the matter has been amicably settled/compromised between the parties vide settlement dated 19.05.2016 and all the differences have been sorted out and nothing further remains to be adjudicated and in view of the judgment of the Hon'ble

Supreme Court in the case of Gian Singh vs. State of Punjab and Anr. (2012) 2 SCC 998 and to have better relations between the parties in near future, I deem it appropriate to quash the FIR in question. Consequently, to meet the ends of justice, FIR No.294/2012, under Sections 336/506 IPC and Sections 25/27/54/59 of Arms Act, registered at Police Station Bindapur, New Delhi and all proceedings emanating therefrom are hereby quashed. The present petition is allowed and stands disposed of accordingly. Copy of this order be given dasti to the parties, as prayed. I.S.MEHTA, J JANUARY 13, 2017 'dc'