Prem Chand @ Prem Sagar & ORS v. The State ( NCT Of Delhi) & ORS
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 3908/2016 PREM CHAND @ PREM SAGAR & ORS ..... Petitioners Through:
Mr.Diwakar Chaudhary and Mr.Manish Dixit, Advocates with the petitioners in person.
versus THE STATE ( NCT OF DELHI) & ORS ..... Respondents Through:
Mr.Izhar Ahmad, APP for State with SI Uma Datt, P.S. Mangolpuri, Delhi.
CORAM:
HON'BLE MR. JUSTICE I.S.MEHTA
O R D E R
% 06.12.2016 Crl.M.A.No.16414/2016 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of.
Crl.M.A.No.16415/2016 (delay in re-filing) This is an application filed on behalf of the petitioners seeking condonation of delay in re-filing the present petition. For the reasons stated, the delay in re-filing the petition is condoned. Application stands disposed of.
CRL.M.C. 3908/2016 This is a petition under Section 482 Cr.P.C. filed on behalf of the petitioners seeking quashing of FIR bearing FIR No.2074/2014, under
Sections 323/341/308/34 IPC, registered at Police Station Mangolpuri, Delhi and all proceedings arising therefrom.
Learned counsel for the petitioners submits that the petitioners and the injured are the neighbours and due to the misunderstanding arisen between them, an FIR No.2074/2014, under Sections 323/341/308/34 IPC was got registered by the respondents No.2 & 3/injured at Police Station Mangolpuri, Delhi. Counsel further submits that after the registration of the FIR, the friends and near relatives intervened and the matter has been amicably settled between the parties outside the Court vide compromise deed dated 22nd February, 2016 which is placed on record at page 67 of the paper book as Annexure-B. Counsel for the petitioners further submits that the opposite party, namely, Prem Chand @ Prem Sagar, has also got registered a cross-FIR bearing No.2082/2014, under Sections 323/341/34 IPC at Police Station Mangolpuri, Delhi.
Counsel further submits that the petitioners have settled the matter with the injured/complainant in order to have peace and harmony in the neighbourhood. He further submits that the settlement reached between the parties is voluntary and without any force, pressure or coercion and prays that since the matter has been amicably settled between the parties, no purpose would be served in continuing with the criminal proceedings against the petitioners and hence, the FIR and all subsequent proceedings, which are coming in the way of the parties as a hurdle to live peacefully in the neighbourhood, may be quashed. The respondents No.2 & 3, namely, Robin Singh and Parveen are present in Court today and have been identified by the IO SI Uma Datt, P.S. Mangolpuri, Delhi.
without any force, pressure or coercion and nothing further remains to be adjudicated between the parties. They further submit that they have got no objection, if the FIR in question is quashed. Looking into the facts and circumstances, since the matter has been amicably settled between the parties and the fact that the parties are neighbours, residing in the area of Mangolpuri, Delhi and they have sorted out their dispute during settlement and nothing remains to be adjudicated between them and to have peace and harmony in their respective families and also in the neighbourhood, and to meet the ends of justice, I deem it appropriate to quash the FIR in question and all subsequent proceedings arising therefrom.
Consequently, FIR No.2074/2014, under Sections 323/341/308/34 IPC, registered at Police Station Mangolpuri, Delhi and all proceedings arising therefrom are hereby quashed. The present petition stands disposed of in the above terms. Copy of this order be given dasti, as prayed. I.S.MEHTA, J DECEMBER 06, 2016/'dc'