Sanjay Prakash v. State & ANR

$~15 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2507/2017 SANJAY PRAKASH ..... Petitioner Through:

Mr.Sagar Hajelay, Adv.

versus STATE & ANR ..... Respondents Through:

Mr.Panna Lal Sharma, APP for State SI Ravi Kumar, PS-S.B.Dairy Mr.S.K.Vasisht, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 07.07.2017 CRL.M.A.10452/2017 & 10453/2017 Exemption granted, subject to all just exceptions. Applications stand disposed of.

CRL.M.C. 2507/2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.619/2016, under Section 420 IPC, registered at Police Station-Shahbad Dairy, Delhi and all proceedings emanating therefrom. Counsel for the petitioners submits that the petitioners and the respondent No.2 were previously known to each other and were friends. He submits that due to some misunderstanding arisen between the parties, a quarrel had taken place resulting into registration of FIR No.619/2016, under Section 420 IPC at Police Station-Shahbad Dairy, 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 at the time of granting of bail in Bail Application No.378/2017, the petitioners deposited rupees twenty lakhs with the Registrar General, Delhi High Court by way of FDR No.866421 dated 11.04.2017, 866549 dated 11.05.2017 and 769419 dated 11.05.2017 all drawn on Indian Bank. Counsel for the petitioners further submits that as per the terms of settlement, the said amount is to be released in favour of respondent No.2, Shri Bijender Kadian @ Bijender Singh. Counsel further submits that 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.

The respondent No.2/complainant, Shri Bijender Kadian @ Bijender Singh is present in Court today and has been identified by the Investigating Officer SI Ravi Kumar. The respondent No.2 admits that he has settled the matter amicably with the petitioners at the time of granting bail in Bail Application No.378/2017 and as per the terms of settlement, an amount of rupees twenty lakhs is deposited in the name of Registrar General, Delhi High Court. He further submits that the said amount of rupees twenty lakhs is to be released in his favour.

He further submits that the settlement/compromise has taken place voluntarily, without any force, pressure or coercion. He submit that nothing remains to be adjudicated further between them and he has 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 and nothing remains to be adjudicated further between them, to have peace in the personal life of both 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.619/2016, under Section 420 IPC, registered at Police Station-Shahbad Dairy, Delhi and all proceedings arising therefrom are hereby quashed.

The Registrar General, Delhi High Court to release the aforesaid FDRs with accrued interest in favour of respondent No.2, Shri Bijender Kadian @ Bijender Singh; on moving appropriate application. The present petition is allowed and disposed of accordingly. All pending application(s) (if any) also stand disposed of. Copy of this order be given dasti, as prayed. I.S.MEHTA, J JULY 07, 2017/sr