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High Court of DelhiCRL.M.C./2057/2017

Shahkuntla Sharma & ANR v. State Gnct Of Delhi & ANR

2017-05-19Hon'Ble Mr. Justice I.S.Mehta2 pages

$~57 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2057/2017 SHAHKUNTLA SHARMA & ANR ..... Petitioners Through:

Mr.Mr.M.S. Jadav, Adv.

versus STATE GNCT OF DELHI & ANR ..... Respondents Through:

Mr.Raghuvinder Varma, APP for State S.I. Satish Lohia, P.S. Hauz Khas

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 19.05.2017 CRL.M.A.8467/2017 Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 2057/2017 This is a petition under Section 482 Cr.P.C. moved by the petitioners for quashing of FIR No.487/2014, under Sections 448/34 IPC, registered at Police Station Hauz Khas and all the subsequent proceedings emanating therefrom.

Learned counsel for the petitioners submits that the respondent No.2 is the son of petitioner No.1 and real brother of petitioner No.2 but due to a family dispute misunderstanding has taken place between them, which resulted into registration of aforesaid FIR. He further submits that another brother namely Nagender Vashisth has also registered an FIR bearing

No.488/2014 with P.S. Hauz Khas against the present petitioners. He also submits that after the registration of the aforesaid FIRs, the near relatives and close friends intervened and the matter has been amicable settled before the Delhi High Court Mediation and Conciliation Centre vide Settlement Agreement dated 31.05.2016 and that nothing remains to be adjudicated upon further. He further submits that the present FIR is coming as a hurdle in the future life of the petitioners and prays that the present FIR may be quashed.

The respondent No.2/complainant is present in person and has been identified by the Investigating Officer Sub Inspector Satish Lohia and admits that he has amicably resolved all disputes with the petitioners voluntarily without there being any threat, coercion or pressure of any sort. He further submits that he has no objection, if the present FIR is quashed. Keeping in view the facts and circumstances, since the matter has been amicably settled between the parties and nothing is to be adjudicated upon further and to have peace in the family of the parties, I deem it appropriate to quash the FIR in question.

Consequently, to meet the ends of justice, the FIR No.487/2014, under Sections 448/34 IPC, registered at Police Station Hauz Khas and all subsequent proceedings arising therefrom are hereby quashed. Parties to remain bound by the terms of the Settlement Agreement dated 31.05.2016 The petition stands disposed of accordingly.

Copy of this order be given dasti, as prayed. I.S.MEHTA, J MAY 19, 2017/km