Mala Ram & ORS v. State & ANR

$~44 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 406/2018 MALA RAM & ORS ..... Petitioners Through:

Mr. Vikas Bhatia, Adv.

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

Mr. M.S. Oberoi, APP for State with SI Vivek, P.S. Nabi Karim.

Mr. Sachin Aggarwal and Mr. B.K.

Koli, Advs. for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 28.02.2018 Notice could not be issued to the respondent no.2 as process fee was not filed. However, respondent no.2 has appeared in Court and has been identified by SI Vivek of police station Nabi Karim. It is submitted that respondent no.2 was tenant of petitioner no.1 at the relevant time; whereas petitioner nos. 2 and 3 are relatives of petitioner no.1. A quarrel took place between them on some trivial issue which led to registration of FIR No. 337/2015 under Sections 323/341/324/34 IPC at police station Nabi Karim, on the complaint of respondent no.2. With the intervention of their common friends, petitioners and respondent no.2 have settled their disputes before the Delhi Mediation Centre, Tis Hazari Courts, Delhi on 20th July, 2017, therefore, aforesaid FIR and the consequent

proceedings emanating therefrom may be quashed. Respondent no.2 is present in Court and has been identified by SI Vivek of police station Nabi Karim.

He submits that he has settled the matter with the petitioners of his own free will and without any undue force, pressure or coercion. He has no objection in case FIR is quashed. Keeping in mind the settlement arrived at between the petitioners and respondent no.2 voluntarily, in my view, no fruitful purpose would be served in keeping the criminal proceedings pending. Accordingly, in the interest of justice, aforesaid FIR and the consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms.

Dasti.

A.K. PATHAK, J.

FEBRUARY 28, 2018 ga