High Court of DelhiCRL.M.C./4691/2016

Jahagir & ANR. v. State & ANR.

2017-02-06Hon'Ble Mr. Justice I.S.Mehta2 pages

$~11 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4691/2016 JAHAGIR & ANR.

..... Petitioners Through:

Mr.Azhar Qayum, Adv. with petitioners in person versus STATE & ANR.

..... Respondents Through:

Mr.Izhar Ahmad, APP for State S.I. Ali Akram, P.S. Hazarat Nizamuddin Mr. M.Hazibuddidn, Adv. for R-2 & R-3 with R-2 & R-3 in person

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 06.02.2017 This is a petition under Section 482 Cr.P.C. moved by the petitioners for quashing of FIR No.106/2010, under Sections 323/354/509/34 IPC, registered at Police Station Hazarat Nizamuddin. It is submitted by learned counsel for the petitioners that the petitioners and the complainants/respondent Nos.2 & 3 are neighbourers but due to some misunderstanding, the aforesaid FIR had been registered. He also submits that after the registration of the FIR, the near relatives and close friends intervened and the matter has been amicably settled before the Mediation Centre, Saket Courts, vide Settlement Agreement dated 02.09.2016 and that nothing remains to be adjudicated. He further submits that the present FIR is coming as a hurdle in the future life of the petitioners

and requests that the present FIR may be quashed. The respondent Nos.2 & 3 are present in person and have been identified by the Investigating Officer Sub Inspector Ali Akram, P.S. Hazarat Nizamuddin, Delhi and admit that they have amicably resolved all disputes with the petitioners voluntarily without there being any threat, coercion or pressure of any sort. They further submit that they have no objection, if the present FIR is quashed.

Keeping in view the facts and circumstances, since the matter has been amicably settled between the parties and nothing is to be adjudicated further, I deem it appropriate to quash the FIR in question. Consequently, to meet the ends of justice, the FIR No.

106/2010, under Sections 323/354/509/34 IPC, registered at Police Station Hazarat Nizamuddin and all subsequent proceedings arising therefrom are hereby quashed. Parties to remain bound by the terms of the Settlement Agreement dated 02.09.2016.

The petition stands disposed of accordingly.

Copy of this order be given dasti, as prayed. I.S.MEHTA, J FEBRUARY 06, 2017/km