Manoj Kumar & ORS v. State (Govt Of NCT Of Delhi) & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3785/2016 MANOJ KUMAR & ORS ..... Petitioners Through:

Mr.R.P.S.Bhatti, Adv.

versus STATE (GOVT OF NCT OF DELHI) & ORS ..... Respondents Through:

Mr.Hirein Sharma, APP for State SI Sandeep Kumar, PS-Kalyanpuri Mr.Satya Prakash Singh, Adv. for R-2 to R-5.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 11.09.2017 CRL.M.A.15048/2017 For the reasons mentioned in the application, the delay in filing the application for impleadment is condoned and the application is disposed of. CRL.M.A.15047/2017 In view of the submissions made by learned counsel for the parties and for the reasons mentioned in the application, the victims are impleaded as respondents and the amended memo of parties is taken on record. The application is disposed of accordingly.

CRL.M.C. 3785/2016 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.349/2014, under Sections 308/34 IPC & Section 3 of Prevention of Damage to Public Property Act, 1984, registered at Police Station-

Kalyanpuri, Delhi and all proceedings emanating therefrom. Counsel for the petitioners submits that the petitioners and the respondent Nos.2 to 5 are relatives and due to some misunderstanding arisen between the parties, a quarrel had taken place resulting into registration of FIR No.349/2014, under Sections 308/34 IPC & Section 3 of Prevention of Damage to Public Property Act, 1984 at Police Station- Kalyanpuri, Delhi. Counsel further submits that after the registration of the FIR, the near relatives and the friends intervened and the matter has been amicably settled between the parties and nothing remains to be adjudicated further between them and to have better relationship in near future, the present FIR, which is coming as a hurdle in their way, may be quashed. Respondent No.2 Mr.Niraj Rao, respondent No.3 Mr.Parvesh, respondent No.

4 Mr.Boby Rao @ Boby and respondent No.5 Mr.Bhagira @ Sidhant are present in Court today and have been identified by the Investigating Officer SI Sandeep Kumar. The respondent Nos.2 to 5 admit that they have settled the matter amicably with the petitioners. They further submit that the settlement/compromise has taken place voluntarily, without any force, pressure or coercion. They submit that nothing remains to be adjudicated further between them and they have no objection if the FIR in question is quashed.

Keeping in view the above facts and circumstances, since the matter has been amicably settled between the parties who are stated to be relatives and nothing remains to be adjudicated further between them, to have peace in the personal life of the parties and for maintaining good relationship between the parties, I deem it appropriate to quash the FIR and all its subsequent proceedings. Consequently, FIR No.349/2014, under Sections

308/34 IPC & Section 3 of Prevention of Damage to Public Property Act, 1984, registered at Police Station- Kalyanpuri, Delhi and all 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 SEPTEMBER 11, 2017/sr