Surinder Singh & Others v. The State NCT Of Delhi
$~22 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 1399/2017 SURINDER SINGH & OTHERS ..... Petitioners Through:
Mr.Gurpreet Singh and Mr.Dinesh Malik, Advocates with the petitioners in person.
versus THE STATE NCT OF DELHI ..... Respondent Through:
Mr.Mukesh Kumar, APP for State with SI Sunil Chandra, P.S. Tilak Nagar, Delhi.
R-2/complainant in person.
CORAM:
HON'BLE MR. JUSTICE I.S.MEHTA
O R D E R
% 27.04.2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.791/2004, under Sections 448/380/323/34 IPC, registered at Police Station Tilak Nagar, Delhi, and all the proceedings emanating therefrom. Learned counsel for the petitioners has submitted that the respondent No.2 Smt. Sheela Kaur was a tenant with the petitioners. Counsel further submits that during the existence of the tenancy, a dispute and misunderstanding had arisen between the parties which resulted into the registration of the aforesaid FIR against the petitioners. He further submits that after the registration of the FIR, the near relatives and friends intervened and the matter has been amicably settled between the parties and the same
has been reduced into writing vide Memorandum of Understanding dated 23.11.2016. Counsel further submits that since the dispute has been amicably settled between the parties and the same has been acted upon and nothing remains to be adjudicated further between the parties, however, the FIR in question is coming as hurdle in the peaceful life of the present petitioners, and prays that the FIR and all proceedings arising therefrom may be quashed.
The respondent No.2/complainant, Smt. Sheela Kaur is present in the Court today and has been identified by the Investigating Officer, SI Sunil Chandra, P.S. Tilak Nagar, Delhi. The respondent No.2/complainant present in person admits that the matter has been amicably settled with the petitioners voluntarily and without any force, pressure or coercion and the same has been reduced into writing vide Memorandum of Understanding dated 23.11.2016. She further admits that at the relevant point of time she was a tenant with the petitioners and now she has vacated the tenanted premises and residing separately. She further submits that nothing remains to be adjudicated further between the parties and she has no objection if the FIR in question is quashed.
Looking into the aforesaid facts and circumstances, since the dispute has been amicably settled between the parties which has been reduced into writing vide Memorandum of Understanding dted 23.11.2016 and the same has been acted upon and nothing remains to be adjudicated further between the parties, to have peace in the life of both families in present and future, I deem it appropriate to quash the aforesaid FIR and all proceedings arising from the same. Consequently, the FIR No.791/2004, under Sections 448/380/323/34 IPC, registered at Police Station Tilak Nagar, Delhi, and all
the proceedings emanating therefrom are hereby quashed. Parties shall remain bound by the terms of the settlement.
The present petition is allowed and disposed of accordingly. Copy of this order be given dasti to the parties, as prayed. I.S.MEHTA, J APRIL 27, 2017 'dc'