Vijay Pal & ANR. v. State & ORS.

$~38 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1506/2017 VIJAY PAL & ANR.

..... Petitioners Through:

Mr.Deepanker Mohan, Adv.

versus STATE & ORS.

..... Respondents Through:

Mr.Izhar Ahmad, APP for State SI Vineet, PS-Anand Vihar Mr.Yoginder Singh, Adv. for R-2 & R-3.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 17.04.2017 CRL.M.A.6155/2017 Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 1506/2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.130/2016, under Sections 288/337 IPC, registered at Police StationAnand Vihar, Delhi and all proceedings emanating therefrom. Counsel for the petitioners submits that the petitioners constructed house and during the process of construction, due to error of judgement, respondent No.2 Mohd. Saddam Nadaf and respondent No.3 Laxman who were working at the construction site received injuries on their person; resulting into registration of FIR No.130/2016, under Sections 288/337 IPC at Police Station-Anand Vihar, Delhi. Counsel further submits that after the

registration of the FIR, the near relatives and the friends intervened and the matter has been amicably settled between the parties vide compromise deed dated 26.07.2016. He further submits that the respondent Nos.2 & 3 received minor injuries and there is no permanent disability. He has further submitted that the settlement reached between the parties has been acted upon and nothing remains to be adjudicated upon further and submits that the FIR in question is coming as hurdle in the way of the present petitioners. He further submits that since all disputes have been settled between the parties, the FIR in question and all proceedings arising therefrom may be quashed. Respondent No.2 Mohd. Saddam Nadaf and respondent No.

3 Laxman are present in Court today and have been identified by the Investigating Officer SI Vineet, PS-Anand Vihar, Delhi. The respondent Nos.2 & 3 admit that they have settled the matter amicably with the petitioners vide compromise deed dated 26.07.2016. They further submit that the settlement/compromise has taken place voluntarily, without any force, pressure or coercion. They submit that nothing remains to be adjudicated further between them and they have no objection if the FIR in question is quashed.

Keeping in view the above facts and circumstances, since the matter has been amicably settled between the parties and nothing remains to be adjudicated further between them and the injured/respondent Nos.2 & 3 received minor injuries on their person, for maintaining good relationship between the parties, I deem it appropriate to quash the FIR and all its subsequent proceedings. Consequently, FIR No.130/2016, under Sections 288/337 IPC, registered at Police Station-Anand Vihar, Delhi and all proceedings arising therefrom are hereby quashed.

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