Neelam Kataria & ANR. v. State & ORS.

$~54 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2009/2017 NEELAM KATARIA & ANR.

..... Petitioners Through:

Mr.Sanjay Suri, Adv.

versus STATE & ORS.

..... Respondents Through:

Mr.Kamal Kr. Ghei, APP for State Mr.Dinesh Malik, Adv. for R-2 S.I. Ram Phool, P.S. Paschim Vihar

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 18.05.2017 Crl. M.A. 8272/2017 Exemption granted, subject to all just exceptions. Application stands disposed of.

Crl. M.C. 2009/2017 This is a petition under Section 482 Cr.P.C. moved on behalf of the petitioners for quashing of FIR No.361/2011, under Sections 420/34 IPC, registered at P.S. Paschim Vihar and all subsequent proceedings arising therefrom.

Learned counsel for the petitioners submits that the petitioners and respondent No.2 were known to each other, but due to the misunderstanding arisen between the parties, the respondent No.2 got registered the aforesaid FIR. He further submits that after the registration of the FIR, the near

relatives and close friends intervened and the matter has been amicably settled between the parties, which has been reduced into writing vide Memorandum of Understanding dated 03.05.2017. He further submits that nothing further remains to be adjudicated, however, the present FIR is coming as hurdle in the peaceful life of the present petitioners and prays that the FIR in question and all proceedings arising therefrom may be quashed. The respondent No.2/complainant is present in Court today and has been identified by the Investigating Officer, SI Ram Phool.

The complainant admits that the matter has been amicably settled with the petitioners and the misunderstanding has been sorted out and the said settlement arrived at with the petitioners is voluntary and without any force, pressure or coercion and nothing remains to be adjudicated further between them. She further submits that that she has no objection, if the FIR in question is quashed. Looking into the above facts and circumstances of the case since the dispute has been amicably resolved and the misunderstanding has been sorted out and nothing further remains to be adjudicated between them, to have peace in the life of the parties and better relations in near future and to meet the ends of justice, I deem it appropriate to quash the aforesaid FIR and all subsequent proceedings arising out of the same. Consequently, the FIR No.

361/2011, under Sections 420/34 IPC, registered at P.S. Paschim Vihar and all subsequent proceedings arising therefrom are hereby quashed.

The present petition is disposed of accordingly. Copy of this order be given dasti, as prayed. I.S.MEHTA, J MAY 18, 2017/km