High Court of DelhiCRL.M.C./4025/2016

Ram Babu Paswan v. State & ORS

2016-10-26Hon'Ble Mr. Justice I.S.Mehta2 pages

$~37 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4025/2016 RAM BABU PASWAN ..... Petitioner Through:

Mr.Saurabh Tiwari, Adv.

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

Mr.Izhar Ahmad, APP for State with IO SI Yogendra Kumar, Police Station Burari, Delhi

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 26.10.2016 Crl.M.A.No.16824/2016 (Exemption) Exemption granted, subject to all just exceptions. Accordingly, this application stands disposed of. Crl.M.A.No.16824/2016 For the reasons mentioned in the application, the delay in re-filing the petition is condoned and the application is disposed of. CRL.M.C. 4025/2016 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.273/2010, under Sections 452/323/34 IPC, registered at Police StationBurari, Delhi and all proceedings emanating therefrom. Learned counsel for the petitioner has submitted that due to some misunderstanding between the parties who are neigbourers, FIR No.273/2010, under Sections 452/323/34 IPC was registered qua the present

petitioner and the complainant out of the same incident got the FIR No.272/2012, under Sections 282/325/323/34 IPC registered. He further submits that later on with the help/intervention of the friends and relatives of both the sides, the matter has been amicably settled between the parties vide settlement deed dated 2nd September, 2016. Counsel further submits that in order to maintain good relations amongst the parties in near future, the present FIR may be quashed against the petitioner. Respondent No.2/ complainant, Sh.Thakur Harpal Singh is present in Court today and is identified by the Investigating Officer, SI Yogendra Kumar of P.S. Burari. Respondent No.2/complainant admits entering into the settlement with the petitioner to upkeep peace in the neighbourhood.

He further submits that the settlement/compromise has taken place voluntarily, without any force, pressure or coercion. He further submits that he has no objection if the present FIR in question is quashed. Accordingly, keeping in view the facts and circumstances of the case and the fact that the matter has been amicably settled between the parties, in the interest of justice and in order to maintain good relations and harmony amongst the parties, who are stated to be neighbours, I deem it appropriate to quash the FIR No.273/2010, under Sections 452/323/34 IPC, registered at Police Station-Burari, Delhi and all proceedings emanating therefrom. The present petition is disposed of accordingly. I.S.