Kamal Jeet v. State & ANR

$~38 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4027/2016 KAMAL JEET ..... Petitioner Through:

Mr.Niraj Chaudhary, Adv.

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

Mr.Raghuvinder Varma, APP for State with IO SI Madan Mohan, Police Station-Maurya Enclave Mr.A.S.Sharma, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 26.10.2016 CRL.M.A.16826/2016 (Exemption) Exemption granted, subject to all just exceptions. Accordingly, this application stands disposed of. CRL.M.C. 4027/2016 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.298/2012, under Sections 354/452 IPC, registered at Police StationMaurya Enclave, Delhi and all the proceedings emanating therefrom. Learned counsel for the petitioner has submitted that the complainant is the neighbor and due to some misunderstanding arisen between the parties, FIR No.298/2012, under Sections 354/452 IPC was registered at Police Station-Maurya Enclave, Delhi. He further submits that later on with the help/intervention of the friends and relatives of both the sides, the matter has been amicably settled between the parties vide compromise deed dated 14th October, 2016 and nothing remains to be adjudicated further. Counsel

further submits that in order to maintain good relations amongst the parties in near future, the present FIR in question may be quashed. Respondent No.2/ complainant, Smt. Madhubala is present in Court today and is identified by the Investigating Officer, SI Madan Mohan of P.S. Maurya Enclave. Respondent No.2/complainant admits that the petitioner is her neighbor and she has amicably compromised/settled the matter with him. She further submits that no dispute is left and further submits that the settlement/compromise has taken place voluntarily, without any force, pressure or coercion. She further submits that she has no objection if the present FIR is quashed against the petitioner.

Accordingly, keeping in view the facts and circumstances of the case and the fact that the matter has been amicably settled between the parties, in the interest of justice and in order to maintain good relations and harmony amongst the parties, who are stated to be neighbours, in my view, no useful purpose will be served to continue with the proceedings against the petitioner. Hence, FIR No.298/2012, under Sections 354/452 IPC, registered at Police Station-Maurya Enclave, Delhi and all the proceedings emanating therefrom are quashed.

The present petition is disposed of accordingly. I.S.MEHTA, J OCTOBER 26, 2016/radhika