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High Court of DelhiW.P.(CRL)/3667/2016

Arjun @ Nikhil Bajpayee v. State & ORS (NCT Of Deelhi)

2017-01-11Hon'Ble Mr. Justice I.S.Mehta3 pages

$~37 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3667/2016 ARJUN @ NIKHIL BAJPAYEE ..... Petitioner Through:

Mr.D.K.Singh, Adv. with Mr.Pankaj Chauhan, Ms.Savita Singh, Ms.Shanti Ranjan and Mr.Gaurav Singh, Advs.

versus STATE & ORS (NCT OF DELHI) ..... Respondents Through:

Mr.Piyush Singhal, Adv. for Mr.Ashish Aggarwal, ASC for State SI Nishant, PS-Gandhi Nagar Mr.S.K.Pandey, Adv. for R-2 & R-3.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 11.01.2017 CRL.M.A.504/2017 This is an application under Section 482 Cr.P.C seeking early hearing of the present petition, filed on behalf of the petitioner. In view of the submissions made by learned counsel for the petitioner and for the reasons stated in the application, the application is allowed. The date already fixed stands cancelled.

W.P.(CRL) 3667/2016 This is a petition under Section 482 Cr.P.C. for quashing of FIR No. 376/2016, under Sections 454/380/448/506/509/34 IPC, registered at Police Station-Gandhi Nagar, Delhi and all proceedings emanating therefrom. Counsel for the petitioner has submitted that the petitioner and the

respondent Nos. 2 and 3 are residents of same locality and due to misunderstanding between the parties, the complainant lodged FIR No. 376/2016, under Sections 454/380/448/506/509/34 IPC at Police StationGandhi Nagar, Delhi. He has further submitted that after registration of the FIR qua the petitioner, the relatives and the friends intervened and the matter has been settled between the parties vide settlement deed dated 11th January, 2017. Learned counsel for the petitioner further submits that all disputes have been amicably settled between the parties and nothing remains to be adjudicated upon further and submits that the FIR in question is coming as hurdle in the way of the present petitioner. He further submits that the petitioner and the respondent Nos.

2 & 3 want to lead peaceful life in near future and since all disputes have been settled between them, the FIR in question and all proceedings arising therefrom may be quashed. The respondent Nos.2 & 3 are present in Court today and have been identified by their counsel and by the Investigating Officer, SI Nishant, P.S.Gandhi Nagar, Delhi. The respondent Nos.2 & 3 also admit that the matter has been amicably settled with the petitioner vide settlement/compromise deed dated 11th January, 2017 and have no claim or grievance left against the petitioner. They further submit that the settlement/compromise dated 11th January, 2017 has taken place voluntarily, without any force, pressure or coercion. They further submit that they have no objection if the FIR in question is quashed.

Looking into the above facts and circumstances, since the parties are stated to be residents of same locality and the matter has been amicably settled between them and nothing remains to be adjudicated further, to meet the ends of justice, I deem it appropriate to quash the FIR No.

under Sections 454/380/448/506/509/34 IPC, registered at Police StationGandhi Nagar, Delhi, and all proceedings emanating therefrom. The present petition is disposed of accordingly. Copy of the order be given dasti.

I.S.MEHTA, J JANUARY 11, 2017/radhika