Surrender @ Babli & ORS v. State (NCT Of Delhi) & ANR

$~34 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4495/2016 SURRENDER @ BABLI & ORS ..... Petitioners Through:

Mr.Neeraj Sharma, Adv.

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

Mr.Izhar Ahmad, APP for State ASI Paramjit Singh, PS-Tilak Nagar

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 02.12.2016 CRL.M.A.18821-18822/2016 Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 4495/2016 This is a petition under Section 482 Cr.P.C. for quashing of FIR No. 261/2015, under Sections 323/325/341/506/34 IPC, registered at Police Station-Tilak Nagar, New Delhi and all proceedings emanating therefrom. Counsel for the petitioners has submitted that the petitioners and the complainant are neighbours and due to misunderstanding between the parties, the complainant lodged FIR No. 261/2015, under Sections 323/325/341/506/34 IPC at Police Station-Tilak Nagar, New Delhi. He has further submitted that after registration of the FIR qua the petitioners, the relatives and the friends intervened and the matter has been settled between the parties before mediation centre, Tis Hazari Courts, Delhi on 3rd August, 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 petitioners. He further submits that the petitioners 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 is present in Court today and has been identified by the Investigating Officer, ASI Paramjit Singh, P.S.Tilak Nagar, New Delhi. The complainant also admits that the matter has been amicably settled with the petitioners vide settlement/compromise dated 3rd August, 2016 and has no claim or grievance left against the petitioners.

She further submits that the settlement/compromise dated 3rd August, 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. 261/2015, under Sections 323/325/341/506/34 IPC, registered at Police Station-Tilak Nagar, New Delhi, and all proceedings emanating therefrom. The present petition is disposed of accordingly. Parties to abide by the terms of the settlement.

Copy of the order be given dasti under the signatures of the Court Master.

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