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High Court of DelhiCRL.M.C./4628/2016

Ashish Malik v. State & ANR.

2016-12-15Hon'Ble Mr. Justice I.S.Mehta2 pages

$~41 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4628/2016 ASHISH MALIK ..... Petitioner Through:

Mr.Ajit Nair, Advocate with the petitioner in person.

versus STATE & ANR.

..... Respondents Through:

Mr.Raghwinder Varma, APP for State with SI Ved Prakash, PS. S.B.Dairy, Delhi.

Mr.Jitender Kumar, Advocate for R2 with R2/complainant in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 15.12.2016 CRL.M.A. 19310/2016 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 4628/2016 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.618/2016, under Sections 406/420/468/471 IPC, registered at Police Station Shahbad Dairy, Delhi and all the proceedings emanating therefrom. Counsel for the petitioner has submitted that due to misunderstanding arisen between the parties, an FIR bearing FIR No.618/2016, under Sections 406/420/468/471 IPC was got registered by the respondent No.2/complainant at Police Station Shahbad Dairy, Delhi. Counsel further submits that after the registration of the FIR, the close friends and near

relatives intervened as a result of which the matter has been amicably settled between the parties vide settlement deed dated 01.12.2016 and nothing further remains to be adjudicated between the parties. Learned counsel for the petitioner has further submitted that since the matter has been amicably settled between the parties and nothing remains to be adjudicated between them, the present FIR, which is coming as a hurdle in the peaceful life of the petitioner, may be quashed.

The respondent No.2/complainant is present in Court today and has been identified by his counsel and the Investigating Officer, SI Ved Prakash, PS. S.B.Dairy, Delhi. The complainant also admits that the matter has been amicably settled with the petitioner and she has no claim or grievance left against the petitioner. He further submits that the settlement/compromise has taken place voluntarily, without any force, pressure or coercion and he has no objection if the FIR in question is quashed. Keeping in view the facts and circumstances of the case and the fact that the matter has been amicably settled between the parties and nothing further remains to be adjudicated between the parties, consequently, the FIR No.618/2016, under Sections 406/420/468/471 IPC, registered at Police Station Shahbad Dairy, Delhi and all the proceedings emanating therefrom are hereby quashed.

The present petition is disposed of accordingly. Copy of this order be given dasti, as prayed. I.S.MEHTA, J DECEMBER 15, 2016 'dc'