Jagpal & ORS v. State (NCT Of Delhi) & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3876/2016 JAGPAL & ORS ..... Petitioners Through:

Mr.B.S.Rana, Advocate with the petitioners in person.

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

Ms.Kusum Dhalla, APP for State with SI Amarjeet, P.S. Bawana, Delhi.

R-2/complainant in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 13.01.2017 This is a petition under Article 227 of the Constitution filed on behalf of the petitioners seeking quashing of FIR No.339/2016, under Section 308/34 IPC, registered at Police Station Bawana, Delhi and all proceedings emanating therefrom.

Counsel for the petitioners submits that the petitioners and the respondent No.2 are from the same village and belong to the same family. Counsel for the petitioner has further submitted that there was a dispute pertaining to the internal property resulting in misunderstanding between the parties and as such the respondent No.2/complainant got registered the aforesaid FIR against the petitioners at Police Station Bawana, Delhi. Counsel further submits that after the registration of the FIR, the near relatives and friends intervened and the differences have been sorted out as the dispute was a family dispute and the same has been reduced into writing vide settlement dated 08.09.2016. Learned counsel further submits that all

the disputes and misunderstanding have been sorted out and settled and the same has been reduced into writing and nothing remains to be adjudicated further between the parties and prays that the aforesaid FIR may be quashed. The respondent No.2/complainant Surjeet is present in Court today and has been identified by the IO SI Amarjeet, P.S. Bawana, Delhi. The respondent No.2/complainant admits the factum of amicable settlement with the petitioners and submits that all the differences between him and the petitioners have now been sorted out, as they belong to the same family and same village and nothing remains to be adjudicated further between them and further submits that the settlement reached between them is voluntary and without any force, pressure or coercion and he has no objection if the FIR is quashed.

Looking into the above facts and circumstances, since the matter has been amicably settled/compromised between the parties vide settlement dated 08.09.2016 and the matter pertains to a family dispute and nothing further remains to be adjudicated and to have peace and better relations between the parties in near future, I deem it appropriate to quash the FIR in question. Consequently, to meet the ends of justice, FIR No.339/2016, under Section 308/34 IPC, registered at Police Station Bawana, Delhi and all proceedings emanating therefrom are hereby quashed. The present petition is allowed and stands disposed of accordingly. Copy of this order be given dasti to the parties, as prayed. I.S.MEHTA, J JANUARY 13, 2017 'dc'