Rakesh @ Dabbu & ORS. v. State & ANR.

$~36 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 484/2017 RAKESH @ DABBU & ORS.

..... Petitioners Through:

Mr.Naveen Gaur, Adv. with Mr.Gaurav Sharma, Adv.

versus STATE & ANR.

..... Respondents Through:

Mr.Raghuvinder Varma, APP for State with SI Ram Phool, Police Station-Paschim Vihar

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 06.02.2017 CRL.M.A.2107/2017 Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 484/2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No. 600/2005, under Sections 326/34 IPC, registered at Police Station-Paschim Vihar, Delhi and all proceedings emanating therefrom. Counsel for the petitioners has submitted that the petitioners and the respondent No.2 are residents of nearby locality. He has submitted that due to some misunderstanding a quarrel had taken place between them, resultantly, the complainant lodged FIR No. 600/2005, under Sections 326/34 IPC at Police Station-Paschim 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 vide Memorandum of Understanding dated 28.01.2017. 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, Mr.Ajay Kumar is present in Court today and has been identified by the Investigating Officer, SI Ram Phool, P.S. Paschim Vihar, Delhi. The respondent No.2, Mr.Ajay Kumar also admits that the matter has been amicably settled with the petitioners and he has no claim or grievance left against the petitioners. He further submits that the settlement/compromise 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 residents of nearby locality 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. 600/2005, under Sections 326/34 IPC, registered at Police Station-Paschim Vihar, Delhi, and all proceedings emanating therefrom. The present petition is disposed of accordingly. Copy of the order be given dasti.

I.S.MEHTA, J FEBRUARY 06, 2017/radhika