Heena @ Hina & ORS v. State & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 381/2017 HEENA @ HINA & ORS ..... Petitioners Through:

Mr.Abhishek Sharma, Advocate with the petitioners in person.

versus STATE & ORS ..... Respondents Through:

Mr.Ashish Aggarwal, ASC for State with SI Jaiwind, P.S. Kalyanpuri, Delhi.

Ms.Jyoti Gupta, Advocate for R2 & R3 with R2 & R3/complainant in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 06.02.2017 Crl.M.A.No.2059/2017 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of.

W.P.(CRL) 381/2017 This is a petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C. filed on behalf of the petitioners for quashing of FIR No.512/2016, under Sections 354/354A/354B/323/34 IPC registered at Police Station Kalyanpuri, Delhi and all proceedings arising therefrom. Counsel for the petitioners submits that the petitioners and the respondents No.2 & 3 are the neighbours and due to the misunderstanding arisen between the parties, a quarrel had taken place, resulting into registration of an FIR No.512/2016, under Sections 354/354A/354B/323/34 IPC at Police Station Kalyanpuri, Delhi. Counsel further submits that the petitioners too got registered a cross-FIR bearing FIR No.513/2016, under

Sections 354/354A/354B/509/323/34 IPC at Police Station Kalyanpuri, Delhi on the same date, i.e. 28th December, 2016. Counsel further submits that after the registration of the two FIRs, the near relatives and the friends intervened and the matter has been amicably settled between the parties and both the parties have settled the matter outside the Court and nothing remains to be adjudicated further between them and to have better relationship in near future, the present FIR, which is coming as a hurdle in their way, may be quashed.

The respondents No.2 & 3/complainant are present in Court today and has been identified by the Investigating Officer Sub Inspector Jaiwind, P.S. Kalyanpuri, Delhi. Both the respondents admit that they have settled the matter amicably with the petitioners outside the Court who are their neighbours voluntarily and without any force, pressure or coercion and nothing remains to be adjudicated further between them. They further submit that they have no objection if the FIR in question is quashed. Keeping in view the above facts and circumstances, since the matter has been amicably settled between the parties and the petitioners and the respondents No.2 & 3 are neighbours and nothing remains to be adjudicated further between them, to promote peace in the neighbourhood, I deem it appropriate to quash the FIR and all its subsequent proceedings. Consequent, FIR No.512/2016, under Sections 354/354A/354B/323/34 IPC registered at Police Station Kalyanpuri, Delhi and all proceedings arising therefrom are hereby quashed. I.S.MEHTA, J FEBRUARY 06, 2017/'dc'