Yahya @ Mohd Yahya Siddiqui & ORS v. State (Govt Of NCT, Delhi) & ANR

$~54 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2808/2017 YAHYA @ MOHD YAHYA SIDDIQUI & ORS ..... Petitioners Through:

Mr.Khalil A. Ansari and Mohammad Akhtar, Advocates with the petitioners in person.

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

Mr.Kamal Kr. Ghei, APP for State with SI Ashok Kumar, P.S. Hazrat Nizamuddin, New Delhi.

R-2/complainant in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 24.07.2017 Crl.M.A.No.11639/2017 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 2808/2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.349/2013, under Sections 354/323/341/34 IPC, registered at Police Station Hazrat Nizamuddin, New Delhi and all the proceedings emanating therefrom.

Learned counsel for the petitioners has submitted that the petitioners and the respondent No.2 are the neighbours and due to a misunderstanding

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 before the Mediation Centre, Saket Courts, New Delhi on 26th May, 2017 and the said settlement has been acted upon 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 Ashok Kumar, P.S. Hazrat Nizamuddin, New 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 26th May, 2017. She 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 she has no objection if the FIR in question is quashed. 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 before the Mediation Centre, Saket Courts, New Delhi on 26th May, 2017 and nothing further remains to be adjudicated between the parties, to have peace in the neighbourhood and better relationship between the parties in present and in near future and to meet the ends of justice, I deem it appropriate to quash the FIR and all proceedings arising therefrom.

Consequently, the FIR No.349/2013, under Sections

354/323/341/34 IPC, registered at Police Station Hazrat Nizamuddin, New Delhi and all the proceedings emanating therefrom are hereby quashed. The parties shall remain bound by the terms of the settlement dated 26th May, 2017.

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

I.S.MEHTA, J JULY 24, 2017 'dc'