Sitaram Mittal v. The State Of Delhi & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2552/2017 SITARAM MITTAL ..... Petitioner Through:

Mr.Hardeep Kaur Juneja, Advocate with the petitioner in person.

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

Mr.Raghuvinder Varma, APP for State with SI Sandeep Kumar, P.S.

Kalyan Puri, Delhi.

Mr.A.S.Juneja, Advocate for Respondent No. 2 with Respondent No. 2/complainant in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 11.07.2017 Crl.M.A.No.10633/2017 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 2552/2017 This is a petition under Section 482 Cr..P.C. filed on behalf of the petitioner for quashing of FIR No.354/2012, under Sections 406/468/471 IPC, registered at Police Station Kalyan Puri, Delhi and all subsequent proceedings arising therefrom.

Learned counsel for the petitioner submits that the petitioner and the respondent No.2 belong to the same family and the petitioner is the nephew of the respondent No.2. Counsel further submits that a misunderstanding had arisen between the parties which resulted into registration of the aforesaid FIR against the petitioner. Counsel further submits that after the registration of the FIR, the near relatives and the friends intervened and the dispute has been amicably settled between the parties and the same has been reduced into writing vide settlement deed dated 23rd May, 2017 and the same has been acted upon between the parties and nothing remains to be adjudicated further between the parties. Counsel further submits that since the dispute has been amicably settled between the parties and nothing remains to be adjudicated, however, the present FIR is coming as hurdle in the peaceful life of the parties and prays that the FIR and all subsequent proceedings arising therefrom may be quashed.

The respondent No.2 is present in Court today and has been identified by the Investigating Officer SI Sandeep Kumar, P.S. Kalyanpuri, Delhi and also represented by counsel Mr.A.S.Juneja, Advocate. The respondent No.2 present in person admits that he has amicably settled the matter with the petitioner as the petitioner is his nephew and the same has been reduced into writing vide settlement deed dated 23rd May, 2017 and nothing further remains to be adjudicate between them and further submits that he has no objection if the FIR is quashed.

Looking into the aforesaid facts and circumstances, since the dispute has been amicably settled between the parties and the same has been reduced into writing vide settlement deed dated 23rd May, 2017 and nothing further remains to be adjudicated between the parties, to have peace in the

life of both the parties, as they belong to the same family and to meet the ends of justice, I deem it appropriate to quash the FIR and all subsequent proceedings arising therefom.

Consequently, FIR No.354/2012, under Sections 406/468/471 IPC, registered at Police Station Kalyan Puri, Delhi and all subsequent proceedings arising therefrom are hereby quashed. The present petition is allowed and stands disposed of accordingly. Copy of this order be given dasti to the parties, as prayed. I.S.MEHTA, J JULY 11, 2017 'dc'