Sumit & ANR v. State & ANR

$~55 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1651/2017 SUMIT & ANR ..... Petitioners Through:

Mr.Zamir Ahmad, Adv.

versus STATE & ANR ..... Respondents Through:

Mr.Kamal Kr. Ghei, APP for State SI Yogender, PS-Gulabi Bagh Mr.Jagpravesh Sharma, Adv. with Mr.P.K.Jha, Adv. for R-3.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 24.04.2017 CRL.M.A.6686/2017 For the reasons mentioned in the application, the delay in re-filing the petition is condoned and the application is disposed of. CRL.M.C. 1651/2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.74/2014, under Sections 354/354B/509/323/34 IPC, registered at Police Station-Gulabi Bagh, Delhi and all proceedings emanating therefrom. Counsel for the petitioner has submitted that the petitioners and the respondent No.3 are relatives and have visiting terms but due to some misunderstanding a quarrel had taken place between them, resultantly, the complainant lodged FIR No.74/2014, under Sections 354/354B/509/323/34 IPC, at Police Station-Gulabi Bagh, 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 Delhi Mediation Centre, Tis Hazari Courts, Delhi vide settlement deed dated

16.05.2016. 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 petitioners and the respondent No.3 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.3/complainant Ms.Suman is present in Court today and has been identified by the Investigating Officer SI Yogender, PSGulabi Bagh. The respondent No.

3/complainant also admits that the petitioners are her relatives and 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 matter has been amicably settled between the parties who are stated to be relatives and nothing remains to be adjudicated further, to have peace in the life of the parties, I deem it appropriate to quash the FIR No.74/2014, under Sections 354/354B/509/323/34 IPC, registered at Police Station-Gulabi Bagh, Delhi, and all proceedings emanating therefrom.

The present petition is allowed and disposed of accordingly. Parties to remain bound by the terms of settlement dated 16.05.2016. Copy of the order be given dasti.

I.S.MEHTA, J APRIL 24, 2017/radhika