Gaurav v. State (NCT Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3796/2016 GAURAV ..... Petitioner Through:

Mr.Adarsh Saini, Advocate with the petitioner in person.

versus STATE (NCT DELHI) & ANR ..... Respondents Through:

Mr.Raghwinder Varma, APP for State with SI Dhananjay, P.S. Tilak Nagar, Delhi.

Ms.Shradha Vaid, Advocate for R2 with R2/complainant in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 08.12.2016 This is a petition under Section 482 Cr.P.C. filed on behalf of the petitioner seeking quashing of FIR bearing FIR No.214/2013, under Sections 307 IPC, registered at Police Station Tilak Nagar, Delhi and all proceedings arising therefrom.

Learned counsel for the petitioner submits that the petitioners and the injured are the neighbours and due to the misunderstanding arisen between them, an FIR bearing FIR No.214/2013, under Sections 307 IPC was registered by the respondent No.2/complainant at Police Station Tilak Nagar, Delhi. Counsel for the petitioner further submits that the injury allegedly caused on the person of the injured/person is simple in nature. Counsel further submits that after the registration of the FIR, the friends and

near relatives intervened and the matter has been amicably settled between the parties outside the Court vide compromise deed dated 17th August, 2015 which is placed on record at page 60 of the paper book as Annexure P-3. Counsel further submits that the petitioner has settled the matter with the injured/complainant in order to have peace and harmony in the neighbourhood. He further submits that the settlement reached between the parties is voluntary and without any force, pressure or coercion and prays that since the matter has been amicably settled between the parties, no purpose would be served in continuing with the criminal proceedings against the petitioner and hence, the FIR and all subsequent proceedings, which are coming in the way of the parties as a hurdle to live peacefully in the neighbourhood, may be quashed.

The respondents No.2, namely, Sunny Pal is present in Court today and have been identified by the IO SI Dhananjay, P.S. Tilak Nagar, Delhi. The injured/complainant admits that he has amicably settled the matter with the petitioner outside the Court voluntarily and without any force, pressure or coercion and nothing further remains to be adjudicated between the parties. He further submits that he has no objection, if the FIR in question is quashed.

Looking into the facts and circumstances, since the matter has been amicably settled between the parties and the fact that the parties are neighbours, residing in the area of Tilak Nagar, Delhi and they have sorted out their dispute amicably outside the Court during settlement and nothing remains to be adjudicated between them and to have peace and harmony in their respective families and also in the neighbourhood, and to meet the ends of justice, I deem it appropriate to quash the FIR in question and all

subsequent proceedings arising therefrom. Consequently, FIR No.214/2013, under Sections 307 IPC, registered at Police Station Tilak Nagar, Delhi and all proceedings arising therefrom are hereby quashed. The present petition stands disposed of in the above terms. Copy of this order be given dasti, as prayed. I.S.MEHTA, J DECEMBER 08, 2016 'dc'