Ramesh Kakkar & ANR v. State & ANR

$~28 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 855/2017 RAMESH KAKKAR & ANR ..... Petitioners Through:

Mr.Rajat Aneja, Adv.

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

Mr.Kewal Singh Ahuja, APP for State SI Sushil Malik, PS-Moti Nagar Mr.Toyesm Tewari, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 02.03.2017 CRL.M.A.3616/2017 Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 855/2017 & CRL.M.A.3615/2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.36/2015, under Sections 354/509/34 IPC, registered at Police StationMoti Nagar, Delhi and all proceedings emanating therefrom. Counsel for the petitioners has submitted that the petitioner No.1 Mr.Ramesh Kakkar @ Mr.Ramesh Chander, petitioner No.2 Mr.Prashant Kakkar and the respondent No.2/complainant, Smt.Mohini are relatives. He has submitted that due to some misunderstanding a quarrel had taken place between them, resultantly, the complainant lodged FIR No.36/2015, under Sections 354/509/34 IPC at Police Station-Moti Nagar, 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 compromise deed dated 2nd January, 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 Smt.Mohini is present in Court today and has been identified by the Investigating Officer, SI Sushil Malik, PS- Moti Nagar, Delhi. The respondent No.2/complainant also admits that 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 parties are stated to be relatives 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.36/2015, under Sections 354/509/34 IPC at Police Station-Moti Nagar, Delhi, and all proceedings emanating therefrom.

The present petition is disposed of accordingly. All pending application(s) (if any) also stand disposed of. Copy of the order be given dasti.

I.S.MEHTA, J MARCH 02, 2017/radhika