Kavita & ORS v. State & ORS

$~40 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 108/2017 KAVITA & ORS ..... Petitioners Through:

Mr.Rajesh Kumar Sharma, Adv.

versus STATE & ANR ..... Respondents Through:

Ms.Kamna Vohra, ASC for State with SI Rakesh, PS-New Ashok Nagar Mr.Tom Joseph, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 12.01.2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No. 1025/2014, under Sections 452/308/356/379/506/509/34 IPC, registered at Police Station-New Ashok Nagar, Delhi and all proceedings emanating therefrom.

Counsel for the petitioners has submitted that the petitioners and the complainant are neighbours and due to some misunderstanding arisen between them, a quarrel had taken place resulting into registration of FIR No. 1025/2014, under Sections 452/308/356/379/506/509/34 IPC at Police Station- New Ashok Nagar, Delhi. He has further submitted that the petitioners too filed a complaint qua the said quarrel and on the basis of petitioner's complaint, FIR No.

1026/2014, under Sections 452/308/356/379/506/509/34 IPC was registered at Police Station-New Ashok Nagar, Delhi against the complainant/respondent No.2. He has further submitted that after registration of the FIR qua the petitioners, the relatives and the friends intervened and the matter has been settled between

the parties vide settlement deed dated 1st January, 2017. Learned counsel for the petitioners further submits that all disputes have been amicably settled between the parties and nothing remains to be adjudicated upon further and submits that the FIR in question is coming as hurdle in the way of the present petitioners. He further submits that the petitioners and the respondent No.2 want to lead peaceful life in near future and since all disputes have been settled between them, the FIR in question and all proceedings arising therefrom may be quashed. The respondent No.2/complainant is present in Court today and has been identified by the Investigating Officer, SI Rakesh, P.S. New Ashok Nagar, Delhi.

The complainant also admits that the matter has been amicably settled with the petitioners vide settlement/compromise deed dated 1st January, 2017 and has no claim or grievance left against the petitioners. He further submits that the settlement/compromise dated 1st January, 2017 has taken place voluntarily, without any force, pressure or coercion. He further submits that he has no objection if the FIR in question is quashed. Looking into the above facts and circumstances, since the parties are stated to be neighbours and the matter has been amicably settled between them and nothing remains to be adjudicated further, to meet the ends of justice, I deem it appropriate to quash the FIR No. 1025/2014, under Sections 452/308/356/379/506/509/34 IPC, registered at Police Station-New Ashok Nagar, Delhi, and all proceedings emanating therefrom.

The present petition is disposed of accordingly. Copy of the order be given dasti.

I.S.MEHTA, J JANUARY 12, 2017/radhika