Desraj Rana & ANR v. State & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1556/2017 & CRL.M.A.6335/2017 DESRAJ RANA & ANR ..... Petitioners Through:

Mr.Rakesh Munjal, Sr. Advocate with Mr.Maneesh Goyal, Mr.Ankur Arora and Mr.Mohd. Atif, Advocates with the petitioners in person.

versus STATE & ORS ..... Respondents Through:

Mr.Mukesh Kumar, APP for State with SI Sanjay Kaushik, P.S. Sarai Rohilla, Delhi.

Mr.Sanjeev Kumar, Advocate for R2 to R5 with R2 to R5 in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 09.05.2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.241/2001, under Sections 406/420/468/471/120-B/34 IPC, registered at Police Station Sarai Rohilla, Delhi and all the proceedings emanating therefrom.

The respondents No.2 to 5, present in Court, submit that the FIR in the instant case was registered by their mother and she had expired on 12.02.2003.

Learned APP for the State has filed death verification report of the mother of the respondents No.2 to 5, who was complainant in the present case.

Learned senior counsel appearing for the petitioners submits that the petitioners and the respondents No.2 to 5 are related to each other and hails from the State of Himachal Pradesh. It is further submitted that a misunderstanding had arisen between the parties which resulted into the registration of the aforesaid FIR. Counsel further submits that after the registration of the FIR, the near relatives and friends intervened and the dispute has been amicably settled between the parties and the same has been reduced into writing vide settlement deed dated 21st February, 2017 before the Mediation Centre, Tis Hazari Courts, Delhi. Learned senior counsel further submits that since the matter has been amicably settled between the parties and nothing remains to be adjudicated further between the parties, however, the aforesaid FIR is coming as hurdle in the peaceful life of the petitioners and prays that the FIR and all subsequent proceedings arising of the same may be quashed.

The respondents No.2 to 5 are present in Court today and have been identified by the Investigating Officer Sub Inspector Sanjay Kaushik and also represented by their counsel Mr.Sanjeev Kumar, Advocate. The respondents No.2 to 5 present in person admit that they have amicably settled the dispute with the petitioners and the same has been reduced into writing vide settlement deed dated 21st February, 2017 before the Mediation Centre, Tis Hazari Courts, Delhi and nothing further remains to be adjudicated between the parties and further submit that they have no objection if the aforesaid FIR is quashed.

Looking into the aforesaid facts and circumstances, since the dispute has been amicably settled between the parties and the same has been reduced into writing vide settlement deed dated 21st February, 2017 before

the Mediation Centre, Tis Hazari Courts, Delhi, to have peace in the life of the parties in present and in near future, I deem it appropriate to quash the FIR and all subsequent proceedings arising therefrom. Consequently, FIR No.241/2001, under Sections 406/420/468/471/120-B/34 IPC, registered at Police Station Sarai Rohilla, Delhi and all the proceedings emanating therefrom are hereby quashed. Parties shall remain bound by their statements and the terms of the settlement deed dated 21.02.2017 executed between the parties before the Mediation Centre, Tis Hazari Courts, Delhi. 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 MAY 09, 2017 'dc'