Kamal Gaind v. State NCT Of Delhi & ANR

$~3 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4139/2016 KAMAL GAIND ..... Petitioner Through:

Mr.Sunil Magon, Adv.

versus STATE NCT OF DELHI & ANR ..... Respondents Through:

Ms.Kusum Dhalla, APP for State SI Rajesh Kumar Verma, PS-CR Park Mr.Prashant Sharma, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 02.12.2016 CRL.M.A.17245/2016 Exemption granted, subject to all just exceptions. Accordingly, this application stands disposed of. CRL.M.C. 4139/2016 This is a petition under Section 482 Cr.P.C. for quashing of FIR No. 125/2013, under Sections 354/506/509 IPC, registered at Police StationC.R.Park, New Delhi and all proceedings emanating therefrom. Counsel for the petitioner has submitted that the petitioner and the complainant are neighbours and are residing in the area of Greater Kailash-II S Block. He has further submitted that due to misunderstanding between the parties, the complainant lodged FIR No. 125/2013, under Sections 354/506/509 IPC at Police Station-C.R.Park, New Delhi. He has further submitted that after registration of the FIR qua the petitioner, the relatives and the friends intervened and the matter has been settled between the parties on 7th October, 2016. Learned counsel for the petitioner further

submits that all disputes have been amicably settled between the parties and nothing remains to be adjudicated upon further and submits that the FIR in question is coming as hurdle in the way of the present petitioner. He further submits that the petitioner and the respondent No.2 want to lead peaceful life in near future and since all disputes have been settled between them, the FIR in question and all proceedings arising therefrom may be quashed. The respondent No.2/complainant, Mrs.Veena Gupta is present in Court today and has been identified by her counsel and by the Investigating Officer, SI Rajesh Kumar Verma, P.S.C.R.Park, New Delhi.

The complainant also admits that the matter has been amicably settled with the petitioner and she has received all due amount as agreed between the parties vide settlement/compromise dated 7th October, 2016 and has no claim or grievance left against the petitioner.

She further submits that the settlement/compromise dated 7th October, 2016 has taken place voluntarily, without any force, pressure or coercion. She further submits that she has no objection if the FIR in question is quashed.

Looking into the above facts and circumstances, since the parties are stated to be neighbours and the matter has been amicably settled between them and nothing remains to be adjudicated further, to meet the ends of justice, I deem it appropriate to quash the FIR No. 125/2013, under Sections 354/506/509 IPC, registered at Police Station-C.R.Park, New Delhi, and all proceedings emanating therefrom.

The present petition is disposed of accordingly. Parties to abide by the terms of the settlement.

I.S.MEHTA, J DECEMBER 02, 2016/radhika