Suresh & ORS. v. State (NCT Of Delhi )& ANR.

$~2 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2203/2017 SURESH & ORS.

..... Petitioners Through Mr. D K Rai, Adv versus STATE (NCT OF DELHI )& ANR.

..... Respondents Through Ms. Neelam Sharma, APP for State SI Bansi Lal, PS Mehrauli Ms. Lalita Arya, Adv for R2/Complainant

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 12.12.2017 Petitioners have prayed for quashing of FIR 441/2013 under sections 308/34 IPC registered at police station Mehrauli, in view of settlement arrived at with respondent no.2 (complainant). Photocopy of compromise deed dated 9th July, 2013 has been placed on record as Annexure P-3. Respondent no. 2 Ajay Kumar is present in Court and has been identified by SI Bansi Lal of police station Mehrauli. Respondent no. 2 admits having settled the matter with petitioner no. 1 of his own free will, voluntarily and without any undue force, pressure or coercion and has no objection in case the aforesaid FIR is quashed. Petitioners and respondent no.2 are stated to be neighbours. A perusal of FIR indicates that a quarrel took place between the neighbours which led to the registration of present FIR as also a cross FIR No.442/2013 under sections 323/308/354/34 IPC at police station Mehrauli. The cross FIR was

registered on the complaint of Smt. Mukesh, wife of petitioner no.1 in the present petition.

It is submitted that the neighbours have now settled their disputes amicably in order to maintain harmonious relation in future, therefore, FIR may be quashed.

Keeping in view the fact that a quarrel took place between the neighbours on some trivial issue and now that they have settled their disputes, in the interest of justice, FIR 441/2013 registered under sections 308/34 IPC registered at police station Mehrauli and the consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms. Miscellaneous application is disposed of as infructuous. Dasti.

A.K. PATHAK, J DECEMBER 12, 2017 sm