Mukhtar & ORS v. State (NCT Of Delhi) & ANR

$~28 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 107/2017 MUKHTAR & ORS ..... Petitioners Through:

Mr.A.K.Singh, Adv.

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

Mr.Izhar Ahmad, APP for State SI Rajiv Kumar, PS-Jaitpur Mr.Satish Kumar, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 12.01.2017 CRL.M.A.518/2017 Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 107/2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No. 363/2011, under Sections 452/323/506/34 IPC, registered at Police StationJaitpur, 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. 363/2011, under Sections 452/323/506/34 IPC at Police Station- Jaitpur, Delhi. 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 compromise deed dated 3rd 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 Rajiv Kumar, P.S. Jaitpur, Delhi.

The complainant also admits that the matter has been amicably settled with the petitioners vide settlement/compromise deed dated 3rd January, 2017 and has no claim or grievance left against the petitioners. He further submits that the settlement/compromise dated 3rd 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. 363/2011, under Sections 452/323/506/34 IPC, registered at Police Station-Jaitpur, 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