Parven Kumar & ORS v. The State NCT Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2775/2017 PARVEN KUMAR & ORS.

..... Petitioners Through:

Dr.(Maj) J.C.Vashista, Mr.Subodh Gupta and Ms.Yashika Sood, Advocates with the petitioners in person.

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

Mr.Kamal Kr. Ghei, APP for State with SI Sandeep Kumar, PS. Palam Village, Delhi.

R-2/complainant in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 21.07.2017 Crl.M.A.No.11453/2017 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 2775/2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.297/2015, under Sections 452/323/506/34 IPC, registered at Police Station Palam Village, Delhi and all the proceedings emanating therefrom. Learned counsel for the petitioners has submitted that the petitioners are the builders and the respondent No.2/complainant is one of the purchasers. Counsel further submits that later on a misunderstanding had arisen between the parties which resulted into the registration of the aforesaid FIR against the petitioners. Counsel further submits that after the registration of the FIR, the near relatives and friends intervened and the

matter in dispute has been amicably settled and the same has been reduced into writing on 4th February, 2017 and the said settlement has been acted between the parties and nothing further remains to be adjudicated between them, however, the present FIR is coming as hurdle in the personal life of the present petitioners and prays that 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, SI Sandeep Kumar, P.S. Palam Village, Delhi. The respondent No.2/complainant present in person admits the factum of amicable settlement with the petitioners and execution of the settlement deed dated 4th February, 2017. He further submits that the settlement/compromise has taken place voluntarily, without any force, pressure or coercion and nothing further remains to be adjudicated between them and he has no objection if the FIR in question is quashed. Learned APP for the State has vehemently opposed the petition for quashing of FIR and submitted that the petitioners are the builders and they may be burdened with cost of at least Rs.10,000/- as they have used the State machinery for their personal gain.

Keeping in view the above facts and circumstances since the matter in dispute has been amicably settled between the parties and the same has been reduced into writing on 4th February, 2017 and nothing further remains to be adjudicated between the parties, to have peace in the life of both the parties and to meet the ends of justice, I deem it appropriate to quash the FIR and all proceedings arising therefrom. Consequently, the FIR No.297/2015, under Sections 452/323/506/34 IPC, registered at Police Station-Palam Village, Delhi and all the proceedings emanating therefrom are hereby

quashed. Parties shall remain bound by the terms of the settlement dated 4th February, 2017.

The present petition is allowed and disposed of accordingly. Copy of this order be given dasti.

I.S.MEHTA, J JULY 21, 2017 'dc'