Chutka & ANR. v. State & ANR.

$~7 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4778/2016 CHUTKA & ANR.

..... Petitioners Through:

Mr.Vishal Sharma, Mr.Anish Shrestha and Mr.Prashant Sharma, Adcocates with the Petitioners No.1 & 2 in person.

versus STATE & ANR.

..... Respondents Through:

Ms.Kusum Dhalla, APP for State with IO W/ASI Kusum, P.S. Narain, Delhi.

R-2/complainant in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 26.04.2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.0385/2015, under Sections 354/354-A/354-B IPC at Police Station Naraina, Delhi, and all the proceedings emanating therefrom. Learned counsel for the petitioners has submitted that the petitioners No.1 Chutka, petitioner No.2 Lakhan and the respondent No.2 Smt. Anjana are the residents of nearby locality of Naraina and are related to each other and on the date of the alleged incident due to a misunderstanding arisen between the parties, the respondent No.2/complainant got registered the aforesaid FIR against the petitioners at Police Station Naraina, Delhi.

Counsel further submits that after the registration of the FIR, the near relatives and common friends intervened and the misunderstanding has been sorted out and the matter has been amicably settled between the parties and the same has been reduced into writing vide Memorandum of Understanding/Settlement Deed dated 23.09.2016 and nothing remains to be adjudicate further between the parties, however, the FIR in question is coming as hurdle in the peaceful life of the present petitioners, and prays that the FIR and all proceedings arising therefrom may be quashed. The respondent No.2/complainant, Smt.Anjana is present in the Court today and has been identified by the Investigating Officer, W/ASI Kusum, P.S. Naraina, Delhi. The respondent No.

2/complainant present in person admits that the matter has been amicably settled with the petitioners voluntarily and without any force, pressure or coercion and the said settlement has been reduced into writing vide Memorandum of Understanding/Settlement Deed dated 23.09.2016 and nothing further remains to be adjudicated between them and further submits that she has no objection if the FIR in question is quashed.

Looking into the above facts and circumstances of the case since the petitioners and the respondent No.2 are the residents of the same locality of Naraina and related to each other and the fact that the matter has been amicably settled between the parties which has been reduced into writing vide Memorandum of Understanding/Settlement Deed dated 23.09.2016 and nothing remains to be adjudicated further between the parties, to have peace in the locality and in the personal life of the parties, I deem it appropriate to quash the aforesaid FIR and all proceedings arising from the same. Consequently, of FIR No.0385/2015, under Sections 354/354-A/354-B IPC

at Police Station Naraina, Delhi, and all the proceedings emanating therefrom are hereby quashed. Parties shall remain bound by the terms of the settlement.

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

I.S.MEHTA, J APRIL 26, 2017 'dc'