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High Court of DelhiW.P.(CRL)/1608/2016

Jagpal @ Bhallu & ANR v. State Govt Of N.C.T Of Delhi & ANR

2016-05-20Hon'Ble Ms. Justice Sunita Gupta2 pages

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1608/2016 JAGPAL @ BHALLU & ANR ..... Petitioner Through Mr Rajesh Shukla, Adv. alongwith petitioners in person versus STATE GOVT OF N.C.T OF DELHI & ANR ..... Respondent Through Mr Ananya Mohan, Adv. for Mr Avi Singh, ASC for State alongwith Sub Inspector Ramphool Police Station Paschim Vihar, Delhi R-2 in person

CORAM:

HON'BLE MS. JUSTICE SUNITA GUPTA

O R D E R

% 20.05.2016 Crl. MA 8329/2016 (exemption) Exemption allowed subject to all just exceptions. The application stands disposed of.

W.P. (Crl.) 1608/2016 This is a petition u/s 482 Cr.P.C. moved by the petitioners for quashing of FIR No.0755/2015 registered at Police Station Paschim Vihar, Delhi under Ss. 323/354/34 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 another FIR No.0129/2015 under Ss. 323/354/506 IPC Police Station Paschin Vihar, Delhi was registered against the father of respondent no.2 on the complaint of mother and sister of the petitioners. Due to intervention of the neighbours, family members and friends, both the parties arrived at an amicable settlement for peaceful and cordial relations in future as both the parties are neighbours and therefore they agreed to get both the FIRs quashed. It is further submitted that another FIR No.0129/2015 has been quashed today by the Coordinate Bench It is, therefore, prayed that the instant FIR be quashed.

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 as both the parties are neighbours and wants to live peacefully. She further states that she has settled the matter 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. Mr Ananya Mohan, Adv. who appears for Mr Avi Singh, ASC for State submits that in view of the settlement arrived at between the parties, he has no objection to quashing of FIR. Keeping in view the facts that the parties are neighbours and in order to live peacefully and cordially they have compromised the matter with each other 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.0755/2015 registered at Police Station Paschim Vihar, Delhi under Ss. 323/354/34 IPC and consequent proceedings emanating therefrom are hereby quashed subject to costs of Rs.15,000/- upon the petitioners which be deposited by them with Delhi High Court Mediation & Conciliation Centre within two weeks from today. Receipt of deposit of cost 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 20, 2016/rd