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High Court of DelhiCRL.M.C./2148/2017

Hemant & ORS v. The State Govt Of NCT Of Delhi

2017-05-24Hon'Ble Mr. Justice I.S.Mehta2 pages

$~52 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2148/2017 HEMANT & ORS ..... Petitioners Through:

Mr.Rajesh Gupta, Advocate with the petitioners in person.

versus THE STATE GOVT OF NCT OF DELHI ..... Respondent Through:

Mr.Izhar Ahmad, APP for State with ASI Rakesh Kumar, P.S. Mangol Puri, Delhi.

Mr.Vikas Azad, Advocate for R2 & R3 with R2 & R3 in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 24.05.2017 Crl. M.A. 8800/2017 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 2148/2017 and Crl.M.A.No.8901/2017 (stay) This is a petition under Section 482 Cr.P.C. for quashing of FIR No.504/2012, under Sections 323/354/34 IPC, registered at Police Station Mangolpuri, Delhi and all the proceedings emanating therefrom. Learned counsel for the petitioners has submitted that the petitioners and the respondents No.2 are working in the same hospital i.e. Sanjay Gandhi Hospital, Mangol Puri, Delhi. Counsel for the petitioners further submits that due to a misunderstanding arisen between the parties, a quarrel had taken place which resulted into the registration of the aforesaid FIR. Counsel further submits that after the registration of the FIR, the near friends and the colleagues intervened in the matter and the dispute has been

amicably settled between the parties and nothing further remains to be adjudicated between the parties. Counsel further submits that though the matter has been amicably settled between the parties, however, the aforesaid FIR is coming as a hurdle in the peaceful life of the parties and prays that the aforesaid FIR may be quashed.

The respondents No.2 & 3 namely Deep Mala and Mohinder Singh are present in person and have been identified by the Investigating Officer ASI Rakesh Kumar and also represented by their counsel Mr.Vikas Azad, Advocate. The respondents No.2 & 3 present in person admit that they have amicably settled the dispute with the petitioners voluntarily and without any force, pressure or coercion and nothing remains to be adjudicated further between the parties. They further submit that they have no objection if the aforesaid FIR is quashed.

Looking into the aforesaid facts and circumstances, since the matter has been amicably settled between the parties and nothing further remains to be adjudicated between the parties, to have peace in the life of the parties and better atmosphere in the hospital, I deem it appropriate to quash the FIR and all subsequent proceedings arising therefrom. Consequently, the FIR No.504/2012, under Sections 323/354/34 IPC, registered at Police Station Mangolpuri, Delhi and all the proceedings emanating therefrom are hereby quashed.

The present petition is allowed and disposed of accordingly. Copy of this order be given dasti.

I.S.MEHTA, J MAY 24, 2017 'dc'