Sushil Kataria & ANR v. State NCT Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1470/2017 SUSHIL KATARIA & ANR ..... Petitioners Through:

Ms.Samridhi Kapur, Adv.

versus STATE NCT OF DELHI & ANR ..... Respondents Through:

Mr.Kamal Kr. Ghei, APP for State S.I. Suraj, P.S. Malviya Nagar

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 17.04.2017 Crl. M.A. 6062/2017 Exemption allowed subject to all just exceptions. Application stands disposed of.

CRL.M.C. 1470/2017 This is a petition under Section 482 Cr.P.C. moved on behalf of the petitioners for quashing of FIR No.1089/2014, under Sections 354/509/34 IPC, registered at P.S. Malviya Nagar, New Delhi and all subsequent proceedings arising therefrom.

Learned counsel for the petitioners submits that the petitioners and respondent No.2 are relatives but due to the misunderstanding arisen between the parties, the respondent No.2 got registered the aforesaid FIR. He further submits that after the registration of the FIR, the near relatives and close friends intervened and the matter has been amicably settled between the parties and the misunderstanding has been sorted out and

nothing further remains to be adjudicated. He further submits that the said settlement has been reduced into writing vide Settlement Deed dated 21.07.2016. He also submits that the present FIR is coming as hurdle in the peaceful life of the present petitioners and prays that the FIR in question and all proceedings arising therefrom may be quashed. The respondent No.2/complainant is present in Court today and has been identified by the Investigating Officer, S.I Suraj. The complainant admits that the matter has been amicably settled with the petitioners and the misunderstanding has been sorted out and the said settlement arrived at with the petitioners is voluntary and without any force, pressure or coercion and nothing remains to be adjudicated further between them and she has no objection, if the FIR in question is quashed.

Looking into the above facts and circumstances of the case since the dispute has been amicably resolved and the misunderstanding has been sorted out and nothing further remains to be adjudicated between the parties, to have peace in the life of the parties and better relations in near future and to meet the ends of justice, I deem it appropriate to quash the aforesaid FIR and all subsequent proceedings arising out of the same. Consequently, FIR No.1089/2014, under Sections 354/509/34 IPC, registered at P.S. Malviya Nagar, New Delhi and all subsequent proceedings arising therefrom are hereby quashed.

The present petition is disposed of accordingly. Copy of this order be given dasti, as prayed. I.S.MEHTA, J APRIL 17, 2017/km