Sanjay Kapoor v. State Of NCT Of Delhi & ANR.

$~26 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 760/2017 SANJAY KAPOOR ..... Petitioner Through:

Mr.T.C.Tyagi, Adv.

versus STATE OF NCT OF DELHI & ANR.

..... Respondents Through:

Mr.Izhar Ahmad, APP for State SI Madan Lal, PS-Hauz Qazi

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 23.02.2017 CRL.M.A.3202/2017 Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 760/2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No. 57/2013, under Sections 323/354 IPC, registered at Police Station-Hauz Qazi, Delhi and all proceedings emanating therefrom. Counsel for the petitioner has submitted that the petitioner, Shri Sanjay Kapoor and the respondent No.2/complainant, Smt.Sangeeta Kapoor are living in the same property. He has submitted that due to some misunderstanding a quarrel had taken place between them, resultantly, the complainant lodged FIR No. 57/2013, under Sections 323/354 IPC at Police Station-Hauz Qazi, Delhi. He has further submitted that after registration of the FIR qua against the petitioner, the relatives and the friends intervened and the matter has been settled between the parties vide Memorandum of Understanding dated 10th February, 2017. Learned counsel for the petitioner

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 petitioner. He further submits that the petitioner 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 Smt.Sangeeta Kapoor is present in Court today and has been identified by the Investigating Officer, SI Madan Lal, PS-Hauz Qazi, Delhi. The respondent No.2/complainant also admits that the matter has been amicably settled with the petitioner and she has no claim or grievance left against the petitioner. 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 living in same property 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. 57/2013, under Sections 323/354 IPC, registered at Police Station-Hauz Qazi, 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 23, 2017/radhika