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

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1026/2017 MANOJ KUMAR & ORS ..... Petitioners Through:

Mr.Surender Kaliraman, Adv. with Ms.Pushpa Kaliraman, Adv.

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

Mr.G.M.Farooqui, APP for State SI Amit Bhardwaj, PS-Timarpur Ms.Pushpa Kaliraman, Adv.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 15.03.2017 CRL.M.A.4296/2017 Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 1026/2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.189/2012, under Sections 452/325/326/34 IPC, registered at Police Station-Timarpur, Delhi and all proceedings emanating therefrom. Counsel for the petitioners submits that presently the petitioners and the respondent Nos.2 & 3 are neighbours and due to some misunderstanding arisen between the parties, a quarrel had taken place resulting into registration of FIR No. 189/2012, under Sections 452/325/326/34 IPC at Police Station-Timarpur, 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 vide settlement deed

dated 09.11.2015 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. Respondent No.2 Mr.Gajender Singh and respondent No.3 Smt.Rajesh are present in Court today and have been identified by the Investigating Officer SI Amit Bhardwaj, Police Station-Timarpur, Delhi. The respondent Nos.2 & 3 admit that they have settled the matter amicably with the petitioners vide settlement deed dated 09.11.2015. 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 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.189/2012, under Sections 452/325/326/34 IPC, registered at Police Station-Timarpur, Delhi and all proceedings arising therefrom are hereby quashed. The present petition is allowed and disposed of accordingly. Copy of this order be given dasti, as prayed. I.S.MEHTA, J MARCH 15, 2017/radhika