Deepak Dawar & ANR v. The Stae (N.C.T Of Delhi) & ANR

$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1825/2016 DEEPAK DAWAR & ANR ..... Petitioner Through Mr Mayank, Adv. alongwith petitioners in person versus THE STAE (N.C.T OF DELHI) & ANR ..... Respondent Through Mr Panna Lal Sharma, Additional Public Prosecutor for the State alongwith Sub Inspector Raghuveer Police Station Bindapur, Delhi Mr Abdul Aziz, Adv. for R2 alongwith R2 in person

CORAM:

HON'BLE MS. JUSTICE SUNITA GUPTA

O R D E R

% 13.05.2016 Crl. MA 7760/2016 (exemption) Exemption allowed subject to all just exceptions. The application stands disposed of.

Crl. MC 1825/2016 This is a petition u/s 482 Cr.P.C. moved by the petitioners for quashing of FIR No.547/2013 registered at Police Station Bindapur, New Delhi under Ss. 354B/323/506/34 IPC and consequent proceedings emanating therefrom on the ground that the parties have compromised the matter.

It is submitted by counsel for the petitioners that the petitioners and the respondent no.2 are neighbours and residing adjacent to the houses of each other. On 29.10.2013, a quarrel took place regarding parking of the vehicle which resulted in registration of cross FIR. During proceedings before learned Metropolitan Magistrate the parties agreed to settle the matter and thereupon the matter was referred to Mediation Centre, Dwarka Courts, New Delhi and sthe parties have settled all the disputes in order to maintain harmony and goodwill. The respondent No.2/complainant, who is present in person (duly identified by the Investigating Officer of the case) submits that she has amicably resolved all disputes with the petitioners voluntarily without there being any threat, coercion or pressure of any sort and in view of the settlement arrived at between the parties, she does not want any action against the petitioners and has no objection to quashing of the instant FIR. Ms Neelam Sharma, Additional Public Prosecutor for the State submits that in view of

the settlement arrived at between the parties, she has no objection to quashing of FIR. Keeping in view the facts that the parties are neighbours and dispute arose on a trivial issue of parking and now good sense has prevailed upon them whereby they have settled all their disputes amicably, this matter deserves to be given a quietus as continuance of proceedings arising out of the FIR in question would be an exercise in futility and wastage of precious time of the Court.

Accordingly, the petition is allowed and the FIR No.547/2013 registered at Police Station Bindapur, New Delhi under Ss. 354B/323/506/34 IPC and consequent proceedings emanating therefrom are hereby quashed subject to payment of Rs.20,000/- as costs which be deposited by the petitioners with Delhi High Court Legal Services Committee within two weeks from today. Copy of receipt of deposit of costs be placed on record. The petition stands disposed of accordingly.

A copy of this order be given dasti to counsel for the petitioners. SUNITA GUPTA, J MAY 13, 2016/rd