Prashant & ORS v. State & ANR

$~59 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2083/2017 PRASHANT & ORS ..... Petitioners Through Mr.A.K. Suri, Adv.

versus STATE & ANR ..... Respondents Through Mr.Mukesh Kumar, APP for State Mr.Ankit Kansal, Adv. for R-2 S.I. Rakesh Kr., P.S. Lajpat Nagar

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 22.05.2017 Crl. M.A. 8579/2017 Exemption allowed subject to all just exceptions. Application stands disposed of.

Crl. M.C. 2083/2017 This is a petition under Section 482 Cr.P.C. moved on behalf of the petitioners for quashing of FIR No.932/2015, under Sections 323/354/509/34 IPC, registered at P.S. Lajpat Nagar and all the subsequent proceedings arising therefrom.

Learned counsel for the petitioners submits that the petitioners and the respondent No.2 along with her husband were watching movie at 3CS Mall, Lajpat Nagar at around 11.35 p.m. on 18.11.2015 but due to the misunderstanding arisen between the parties, the respondent No.2 got registered the aforementioned FIR against the present petitioners. 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 and the misunderstanding has been sorted out and nothing further

remains to be adjudicated. He further submits that the present FIR is coming as a 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 Rakesh Kumar. The complainant admits that the matter has been amicably settled with the petitioners and the misunderstanding has been sorted out. She further submits that 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 and that she has no objection, if the FIR in question is quashed. She further submits that she has filed an affidavit in support of her statement.

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 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.932/2015, under Sections 323/354/509/34 IPC, registered at P.S. Lajpat Nagar and all subsequent proceedings arising therefrom are hereby quashed.

The present petition is allowed and disposed of accordingly. Copy of this order be given dasti, as prayed. I.S.MEHTA, J MAY 22, 2017/km