Harish Chaudhary & ANR v. State (Gnct Delhi) & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 971/2017 HARISH CHAUDHARY & ANR ..... Petitioners Through:

Mr.Maharaj Singh Dedha, Adv.

versus STATE (GNCT DELHI) & ORS ..... Respondents Through:

Ms.Kusum Dhalla, APP for State SI Amit Verma, PS-Gokulpuri Mr.Rashid Khan, Adv. for complainant.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 08.03.2017 CRL.M.A.4035/2017 Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 971/2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.97/2014, under Sections 308/34 IPC & Section 27 Arms Act. 1959, registered at Police Station-Gokulpuri, Delhi and all proceedings emanating therefrom.

Counsel for the petitioners submits that presently the petitioners and the respondent Nos.2 & 3 are residents of same locality in Gokulpur Village and due to some misunderstanding arisen between the parties, a quarrel had taken place but no incident relating to the offence of Section 27 Arms Act,

1959 occurred. He further submits that due to the misunderstanding, the respondent No.2 got registered FIR No.97/2014, under Sections 308/34 IPC & Section 27 Arms Act. 1959, at Police Station-Gokulpuri, Delhi and the petitioners too got registered a cross-FIR bearing FIR No.102/2014, under Sections 308/34 IPC & Section 27 Arms Act. 1959, at Police StationGokulpuri, Delhi. Counsel further submits that after the registration of the two FIRs, the near relatives and the friends intervened and the matter has been amicably settled between the parties vide compromise deed dated 16.01.2017 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 No.2/complainant, Mr.Devender Rana and respondent No.3 Mr.Rohit Rana are present in Court today and have been identified by the Investigating Officer SI Amit Verma, PS-Gokulpuri, Delhi. The respondent Nos.2 & 3 admit that they have settled the matter amicably with the petitioners vide compromise deed dated 16.01.2017. They further submit that the settlement/compromise has taken place voluntarily, without any force, pressure or coercion. They submit that nothing remains to be adjudicated further between them and 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 residents of same locality 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.97/2014, under

Sections 308/34 IPC & Section 27 Arms Act. 1959, registered at Police Station-Gokulpuri, Delhi and all proceedings arising therefrom are hereby quashed. Parties to remain bound by the terms of settlement dated 16.01.2017.

The present petition is allowed and disposed of accordingly. Copy of this order be given dasti, as prayed. I.S.MEHTA, J MARCH 08, 2017/radhika