Amit Choudhary v. State (NCT Of Delhi) & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1156/2017 AMIT CHOUDHARY ..... Petitioner Through Mr. Saurabh Kansal & Ms. A.Gautam, Advocates versus STATE (NCT OF DELHI) & ANR.

..... Respondents Through Mr. Raghuvinder Varma, APP for State with SI C.B.Sharma, P.S.New Usmanpur

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 18.08.2017 Crl.M.A. No. 13310/2017 The application for pre-ponement on the basis of matter being settled is allowed.

The application stands disposed of.

The date 11th December, 2017 stands cancelled. Crl.M.C.No.1156/2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.346/2014, under Sections 308/34 IPC, registered at Police StationNew Usmanpur, Delhi and all proceedings emanating therefrom. Counsel for the petitioner submits that presently the petitioner and the respondent No.2 are residents of same locality and due to some misunderstanding arisen between the parties, a quarrel had taken

place resulting into registration of FIR No.346/2014, under Sections 308/34 IPC at Police Station-New Usmanpur, 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 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. Learned counsel for the petitioner further submits that FIR was qua against Amit Chaudhary and Himanshu Chaudhary and Himanshu Chaudhary was then juvenile and he was acquitted by the competent court on 4th March, 2015 by the Principal Magistrate, JJB-II, Delhi Gate, New Delhi. Learned counsel for the petitioner further submits that accused is the present petitioner only. Learned counsel for the petitioner further submits that the petitioner and the complainant being neighbourer sorted out the differences and affidavit dated 17th March, 2017 to this extent has been filed on behalf of the respondent no.2 Himanshu Gaur.

Respondent No.2 Himanshu Gaur is present in Court today and has been identified by the Investigating Officer SI C.B.Sharma, Police Station-New Usmanpur, Delhi. The respondent No.2 admits that he has settled the matter amicably with the petitioner and in support of his claim he has filed the affidavit dated 17th March, 2017. He further submits that the settlement/compromise has taken place voluntarily, without any force, pressure or coercion. He submits that nothing remains to be adjudicated further between them and he has 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.346/2014, under Sections 308/34 IPC, registered at Police Station-New Usmanpur, 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 AUGUST 18, 2017 mw