Vaibhav Jhamb & ORS v. Govt Of NCT Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1601/2017 VAIBHAV JHAMB & ORS ..... Petitioners Through:

Mr.Mukesh M. Goel, Advocate with the petitioners in person.

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

Mr.Kamal Kr. Ghei, APP for State with ASI Rajender Singh, P.S. Crime Branch N/R, Rohini.

Mr.Anshuman Gangesh, Advocate for R2 with R2/complainant in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 21.04.2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.0188/2016, under Section 420 IPC, registered at Police Station Crime Branch and all proceedings emanating therefrom. Counsel for the petitioners submits that the petitioners and the respondent No.2 hail from the same nearby locality of Pitampura. Counsel further submits that the petitioners and the respondent No.2 were earlier friends and a misunderstanding had arisen between the parties which has resulted into registration of the aforesaid FIR. Counsel further submits that after the registration of the FIR, the near relatives and the common friends intervened and the matter has been amicably settled between the parties and

all the misunderstanding and differences have been sorted out and the same has been reduced into writing on 26th November, 2016 before the Court of learned Addl. Sessions Judge, Rohini Courts, Delhi in Bail Application No.1901/2016 and further submits that nothing further remains to be adjudicated between the parties. Counsel further submits that since the matter has been amicably settled between the parties and nothing further remains to be adjudicated 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 its subsequent proceedings may be quashed. The respondent No.2/complainant is present in Court today and has been identified by the Investigating Officer ASI Rajender Singh, Crime Branch. Respondent No.2 present in person admits that she has amicably settled the matter with the petitioners voluntarily and without any force, pressure or coercion.

She further admits that she has received all due amounts from the petitioners and nothing remains to be due and payable to her by the petitioners. She further submits that nothing further remains to be adjudicated between them and that she has no objection if the FIR in question and all subsequent proceedings arising therefrom are quashed. Looking into the aforesaid facts and circumstances, since the matter has been amicably settled between the parties which has been reduced into writing on 26th November, 2016 before the learned Addl. Sessions Judge, Rohini Courts, Delhi and nothing further remains to be adjudicated further, to have peace and better relations between the parties in present and in future, I deem it appropriate to quash the FIR and all subsequent proceedings arising therefrom. Consequently, FIR No.0188/2016, under Section 420 IPC, registered at Police Station Crime Branch and all

proceedings emanating therefrom are hereby quashed. Parties shall remain bound by the terms of the settlement.

The present petition and the application are allowed and disposed of accordingly.

Copy of this order be given dasti, as prayed. I.S.MEHTA, J APRIL 21, 2017 dc'