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High Court of DelhiCRL.M.C./3895/2015

Vinod Kumar v. The State NCT Of Delhi & ORS

2016-10-06Hon'Ble Mr. Justice I.S.Mehta2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3895/2015 VINOD KUMAR ..... Petitioner Through Mr.Sanjay Kumar Singh, Adv.

versus THE STATE NCT OF DELHI & ORS ..... Respondents Through Mr.Panna Lal Sharma, APP for State.

ASI Rajender Prasad, PS Delhi Cantt.

Mr.Ravinder Kumar, Adv. for R-2 and R-3.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 06.10.2016 1.

Present petition has been preferred by the petitioner for quashing of FIR No.35/2012 under Sections 308/506 IPC registered at P.S. Delhi Cantt. 2.

Learned counsel for the petitioners submitted that the petitioner has settled the matter with the respondents No.2 & 3 amicably outside the Court with the intervention and help of near relatives in order to maintain good relations and peace amongst the relatives of the parties. He further submits that the petitioner and complainants are in near relations and due to misunderstanding between them a quarrel had taken place, which later on, with the help of friends and relatives has been sorted out. He further submits that it is the wisdom of the near relatives to reach to the conclusion that it is better for the parties to settle the matter and approach this court for quashing of the FIR.

3.

The respondent Nos. 2 and 3 are present before the Court with their counsel today. The IO is present and has identified them. I have enquired

from respondent Nos.2 and 3 whether the matter has been settled with the petitioner without fear and pressure. They have stated that the matter has been settled without any fear or pressure and there is no dispute among them. They have no objection to the quashing of the FIR in question. Learned APP states that he has no objection if the proceedings are quashed as the dispute is between the son-in-law and parents-in-law. 4.

Looking into the facts and circumstances of the case, the main objective is to maintain the good relationship between the parties as well as other relatives on whose intervention the matter could be amicably settled. 5.

Since, the main objective in the instant petition is to maintain good relations and peace amongst the parties, continuance of proceedings under Section 308/506 IPC qua against the present petitioner would destroy the very purpose of settlement and maintenance of good relations which has been established now between the parties.

6.

Consequently, in my view, to meet the ends of justice, it has become essential to quash the FIR and all proceedings arising therefrom. Hence, relying upon the judgment of this Court in Crl.M.C.No. 272/2016 titled as Saroj Kumar Yadav & Ors. vs. The State of NCT of Delhi & Anr. decided on 31st August, 2016, the petition is allowed and FIR No.35/2012 under Sections 308/506 IPC registered at PS Delhi Cantt. and all the proceedings arising therefrom are quashed qua against the petitioner. 7.

The petition is disposed of accordingly.

I.S.MEHTA, J OCTOBER 06, 2016/'mr'