Gulam Jilani & ANR v. State & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1110/2017 GULAM JILANI & ANR ..... Petitioners Through:

Mr.Shamikh and Mr.Absar Ahmad, Advocates with the petitioners in person.

versus STATE & ORS ..... Respondents Through:

Mr.Kewal Singh Ahuja, APP for State with SI Sandeep Kumar, P.S.

Kalyanpuri, Delhi.

R2 & R3/injured/complainant in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 20.03.2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.544/2014, under Section 308/34 IPC, registered at Police StationKalyanpuri, Delhi and all proceedings emanating therefrom. Counsel for the petitioners submits that the petitioners and the respondents Nos.2 & 3 are the neighbours and due to the misunderstanding arisen between them, the respondents No.2&3 got registered the aforesaid FIR. Counsel further submits that the petitioners too got registered a crossFIR against the respondents No.2 & 3 bearing FIR No.545/2014, under

Sections 354/451/354-B/506 IPC at Police Station Kalyanpuri, Delhi. Counsel further submits that after the registration of the aforesaid two FIRs, 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 and the same has been reduced into writing vide settlement deed dated 15.02.2017 and nothing remains to be adjudicated further between them , but the present FIR, which is coming as a hurdle in the peaceful life of the parties and prays that the FIR and all proceedings arising therefrom, may be quashed. Counsel further submits that the cross-FIR bearing FIR No.545/2014, under Sections 354/451/354-B/506 IPC at Police Station Kalyanpuri, Delhi has already been quashed by the Bench of Hon'ble Mr.Justice Vipin Sanghi today itself.

The respondents No.2 & 3/injured and complainant, namely, Waseem and Saleem are present in Court today and have been identified by the Investigating Officer SI Sandeep Kumar, PS Kalyanpuri, Delhi. Respondent Nos.2 & 3 admit that the petitioners are their neighbours and that they have settled the matter amicably with the petitioners vide settlement deed dated 15.02.2017 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 and better relationship in the neighbourhood, I deem it appropriate to quash the aforesaid FIR and all its subsequent proceedings. Consequently, FIR No.

Police Station-Kalyanpuri, Delhi and all proceedings emanating therefrom and all proceedings arising therefrom are hereby quashed. The present petition is allowed and stands disposed of accordingly. Copy of this order be given dasti, as prayed. I.S.MEHTA, J MARCH 20, 2017 'dc'