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High Court of DelhiCRL.M.C./4398/2016

Anil @ Sonu (Since Deceased) & ORS v. State Of NCT Of Delhi & ORS

2016-11-25Hon'Ble Mr. Justice I.S.Mehta2 pages

$~27 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4398/2016 ANIL @ SONU (SINCE DECEASED) & ORS ..... Petitioners Through:

Mr.Amit Gaurav, Advocate with the petitioners No.2 to 7 in person.

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

Ms.Kusum Dhalla, APP for State with SI Avinash Pratap, P.S. K.M.Pur, New Delhi.

Mr.Anirudh K. Mudgal, Advocate for R2 to R6 with R2 to R6 in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 25.11.2016 This is a petition under Section 482 Cr.P.C. filed on behalf of the petitioners seeking quashing of FIR bearing No.179/2009, under Sections 308/452/147/148/149/323/324 IPC, registered at Police Station Kotla Mubarakpur, New Delhi and all proceedings arising therefrom. All petitioners are present in Court, except petitioner No.1 Anil @ Sonu, who is stated to have expired.

Learned counsel for the petitioners submits that the petitioners and the complainants belong to the same village, i.e. village Khairpur. Learned counsel further submits that due to some misunderstanding, an FIR bearing FIR No.179/2009, under Sections 308/452/147/148/149/323/324 IPC was registered at Police Station Kotla Mubarakpur, New Delhi. Learned counsel for the petitioners further submits

that after the registration of the FIR, the friends and near relatives intervened and the matter has been amicably settled between the parties. In order to upkeep better atmosphere in the village and to maintain peace and harmony in the village, it has become necessary to maintain peace and harmony in the village to quash the FIR in question and all proceedings arising therefrom. On the other hand, complainants/respondents No.2 to 6 are present in Court.

Respondents No.2 to 6/complainants have been identified by the Investigating Officer SI Avinash Pratap, P.S. K.M.Pur, New Delhi. All the complainants/injured present in Court have specifically stated that they have amicably settled the matter with the petitioners as they want to lead a peaceful life in the village and the settlement between them is voluntary and without any force, pressure or coercion. They further submit that they have got no objection if the FIR in question is quashed. Looking into the facts and circumstances, since the matter has been amicably settled between the parties and the fact that the petitioners and the complainants hail from the same village, in order to maintain peace and harmony in the village, it is necessary to quash the aforesaid FIR and proceedings arising therefrom. Consequently, FIR bearing No.179/2009, under Sections 308/452/147/148/149/323/324 IPC, registered at Police Station Kotla Mubarakpur, New Delhi and all proceedings arising therefrom are hereby quashed.

The petition stands disposed of accordingly.

Copy of this order be given dasti, as prayed. I.S.MEHTA, J NOVEMBER 25, 2016/'dc'