Kamal Yadav & ORS. v. The State (Govt. Of NCT Of Delhi) & ORS.

$~42 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 395/2017 KAMAL YADAV & ORS.

..... Petitioners Through:

Mr.Sharad Malhotra, Adv.

versus THE STATE (GOVT. OF NCT OF DELHI) & ORS. .....Respondents Through:

Mr.Raghuvinder Varma, APP for State with SI Rakesh, Police StationSarita Vihar. Mr.Anil Kumar, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 31.01.2017 CRL.M.A.1763/2017 Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 395/2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No. 254/2012, under Sections 354/323/341/34 IPC, registered at Police StationSarita Vihar, Delhi and all proceedings emanating therefrom. Counsel for the petitioners has submitted that the petitioners and the respondent No.2 are neighbours. He has submitted that due to some misunderstanding a quarrel had taken place between them, resultantly, the complainant lodged FIR No. 254/2012, under Sections 354/323/341/34 IPC at Police Station-Sarita Vihar, Delhi. He has further submitted that after registration of the FIR qua against the petitioners, the relatives and the friends intervened and the matter has been settled between the parties in the mediation centre, Saket Courts vide settlement deed dated 29th May, 2015.

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 is present in Court today and has been identified by the Investigating Officer, SI Rakesh, P.S. Sarita Vihar, Delhi. The respondent No.2/complainant also admits that the matter has been amicably settled with the petitioners and she has no claim or grievance left against the petitioners.

She further submits that the settlement/compromise has taken place voluntarily, without any force, pressure or coercion. She further submits that she 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. 254/2012, under Sections 354/323/341/34 IPC, registered at Police Station-Sarita Vihar, Delhi, and all proceedings emanating therefrom. Parties to remain bound by the terms of settlement dated 29th May, 2015.

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

I.S.MEHTA, J JANUARY 31, 2017/radhika