High Court of DelhiCRL.M.C./694/2017

Manoj Kumar & ANR v. State (NCT Of Delhi) & ANR

2017-03-07Hon'Ble Mr. Justice I.S.Mehta2 pages

$~17 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 694/2017 MANOJ KUMAR & ANR ..... Petitioners Through:

Mr.Faisal Naseem, Adv. with Mr.Praveen Singh and Mr.Nitish Baisoya, Advs.

versus STATE (NCT OF DELHI) & ANR ..... Respondents Through:

Ms.Kusum Dhalla, APP for State ASI Ashwani Kumar, PS-Mehrauli

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 07.03.2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.397/2013, under Sections 308/323/452/34 IPC, registered at Police Station-Mehrauli, Delhi and all proceedings emanating therefrom. Counsel for the petitioners submits that the petitioners and the respondents Nos.2 to 5 are the residents of same locality having adjacent land and due to the misunderstanding arisen between the parties, a quarrel had taken place, resulting into registration of an FIR No.397/2013, under Sections 308/323/452/34 IPC at Police Station-Mehrauli, Delhi. Counsel further submits that after the registration of the FIR, 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 amicably vide compromise deed dated 08.02.2017 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 respondent Nos.2 to 5 are present in Court today and have been identified by the Investigating Officer ASI Ashwani Kumar, PS-Mehrauli, Delhi. Respondent Nos.2 to 5 admit that they have settled the matter amicably with the petitioners vide compromise deed dated 08.02.2017 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 who are stated to be neighbours and nothing remains to be adjudicated further between them, to promote peace in the neighbourhood and for maintaining good relationship between the parties, I deem it appropriate to quash the FIR and all its subsequent proceedings. Consequently, FIR No.397/2013, under Sections 308/323/452/34 IPC, registered at Police Station-Mehrauli, Delhi and all proceedings arising therefrom are hereby quashed. Copy of this order be given dasti, as prayed. I.S.