Om Prakash v. The State & ANR

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1728/2017 OM PRAKASH ..... Petitioner Through:

Mr. S. Bharti, Advocate with petitioner in person.

versus THE STATE & ANR ..... Respondents Through:

Mr. Mukesh Kumar, APP for State with IO/SI Sudhir Rathi, PS Subhash Palace.

Mr. Sanchit Dhawan & Ms. Gaurika Sikka, Advocates for R-2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 01.08.2017 The instant petition has been filed by the petitioner seeking quashing of FIR No.135/2007 registered for the offences punishable under Sections 452/341/323/352/506/34 IPC at Police Station Sarasvati Vihar (now Subhash Palace), Delhi, on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that a compromise/settlement has been arrived at between the parties in the matter. Respondent No.2 is present in Court today and is identified by the learned counsel and the Investigating Officer. He states that he has settled the matter with the petitioner with his own free will and choice without any threat, pressure and coercion as the petitioner has already shifted to a new CRL.M.C. 1728/2017 Page No.1 of 2

purchased shop and handed over the vacant and peaceful possession of the shop to him. He further submits that he does not wish to pursue the abovementioned FIR and the proceedings pursuant thereto. Statements of the parties have been recorded separately. In view of the fact that the parties have amicably resolved their differences voluntarily and out of their own free will and without any coercion, pressure, and no useful purpose will be served in continuance of the proceedings. It would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question. Consequently, FIR No.135/2007 registered for the offences punishable under Sections 452/341/323/352/506/34 IPC at Police Station Sarasvati Vihar (now Subhash Palace), Delhi and proceedings pursuant thereto are hereby quashed.

The petition is disposed of.

SANGITA DHINGRA SEHGAL, J AUGUST 01, 2017 afa CRL.M.C. 1728/2017 Page No.2 of 2