Runa Devi & ORS. v. State Of Delhi & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1352/2017 RUNA DEVI & ORS.

..... Petitioners Through:

Mr. Bharat Bhusan, Advocate versus STATE OF DELHI & ANR.

..... Respondents Through:

Mr.Hirein Sharma, APP for State, with SI P.L. Meena PS-Aman Vihar

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 15.09.2017 CRL.M.A.5471/2017 (Exemption) Exemption granted, subject to all just exceptions. Applications stand disposed of.

CRL.M.C. 3773/2017& 5470/2017 (Stay) This is a petition under Section 482 Cr.P.C. for quashing of FIR No.287/2009, under Sections 323/308/34 IPC of Police Station-Aman Vihar, Delhi and all proceedings emanating therefrom. Counsel for the petitioners submit that the petitioners and the respondent No.2 are residents of the same locality and due to some misunderstanding arisen between the parties, a quarrel had taken place. He further submits that due to the misunderstanding, the respondent No.2 got registered FIR No.287/2009, under Sections 323/308/34 IPC of Police Station-Aman Vihar, Delhi and the petitioners too got registered a cross-FIR

bearing FIR No.395/2009 under Section 354/323/34 IPC registered at Police Station-Aman Vihar, 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/Settlement Deed dated 20.03.2017 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. Upender is present in Court today and has been identified by the Investigating Officer SI P.L. Meena PSAman Vihar. The respondent admits that the matter has been amicably settled with the petitioners vide Compromise/Settlement Deed dated 20.03.2017. 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 relatives and nothing remains to be adjudicated further between them, to have peace in the personal life of the parties and for maintaining good relationship between the parties, I deem it appropriate to quash the FIR and all its subsequent proceedings. Consequently, FIR No.287/2009, under Sections 323/308/34 IPC of Police Station-Aman Vihar, Delhi and all proceedings arising therefrom are hereby quashed. Parties to remain bound by the terms of settlement dated 20th March, 2017.

The present petition is allowed and disposed of accordingly. Copy of this order be given dasti, as prayed. I.S.MEHTA, J SEPTEMBER 15, 2017 RV