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High Court of DelhiCRL.M.C./260/2017

Vikas Nain & ORS. v. State Of NCT Of Delhi & ORS.

2017-03-23Hon'Ble Mr. Justice I.S.Mehta3 pages

$~11 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 260/2017 VIKAS NAIN & ORS.

..... Petitioners Through:

Mr.Sanjeev Panda, Advocate for the petitioners with the petitioners in person.

versus STATE OF NCT OF DELHI & ORS.

..... Respondents Through:

Mr.Raghwinder Varma, APP for State with Investigating Officer Sub Inspector Ved Prakash, P.S.

S.B.Dairy, Delhi.

Mr.Neeraj Kant Singh and Ms.Rakhi Rawat, Advocates for R2 with R2/complainant in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 23.03.2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.470/2016, under Sections 308/506/34 IPC, registered at Police StationShahbad Dairy, Delhi and all the proceedings emanating therefrom. Learned counsel for the petitioners has submitted that the petitioners and the respondent No.2 knew each other prior to the alleged incident and they were working together. Counsel further submits that subsequently a misunderstanding has arisen between the parties, which resulted into registration of the aforesaid FIR. He further submits that after the

registration of the FIR, the near relatives and the friends intervened and the matter has been amicably settled between the parties and the same has been reduced into writing vide settlement deed dated 14.12.2016. Counsel further submits that since the dispute between the parties has already been resolved and the differences have been sorted out and nothing remains to be adjudicated further and submits that the present FIR is coming as hurdle in the peaceful life of the petitioners and prays that the FIR and all proceedings arising therefrom may be quashed.

The respondent No.2/complainant Sunil Kumar is present in Court today and has been identified by the Investigating Officer Sub Inspector Ved Prakash, P.S. Shahbad Dairy, Delhi and is also represented by counsel Mr.Neeraj Kant Singh, Advocate. The respondent No.2/complainant admits that the matter has been amicably settled with the petitioners and further admits that the said settlement reached with the petitioners is voluntary and without any force, pressure or coercion. He further submits that the said settlement has been reduced into writing vide settlement deed dated 14.12.2016 and nothing further remains to be adjudicated further and he has no objection if the aforesaid FIR is quashed.

Keeping in view the facts and circumstances, since the dispute has already been settled between the parties which has been reduced into writing vide settlement deed dated 14.12.2016 and nothing further remains to be adjudicated between the parties, to have peace and to maintain the friendly relations between the parties, I deem it appropriate to quash the FIR in question and all subsequent proceedings arising therefrom. Consequently, the FIR No.

emanating therefrom are hereby quashed.

The present petition is allowed and disposed of accordingly. Copy of this order be given dasti.

I.S.MEHTA, J MARCH 23, 2017 'dc'