Ramesh Kumar v. State (NCT Of Delhi) & ORS
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 3069/2017 RAMESH KUMAR ..... Petitioner Through:
Mr.C.Parkash and Ms.Kanika Kalyan, Advocates with the petitioner in person.
versus STATE (NCT OF DELHI) & ORS ..... Respondents Through:
Mr.Kamal Kr. Ghei, APP for State with SI Yogesh Kumar, P.S. Roop Nagar, Delhi.
Mr.Pankaj Walia and Mr.Narender Singh, Advocates for R2 & R3 with R2 & R3 in person.
CORAM:
HON'BLE MR. JUSTICE I.S.MEHTA
O R D E R
% 09.08.2017 Crl.M.A.No.12714/2017 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of.
CRL.M.C. 3069/2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.84/2010, under Sections 452/354/323 IPC, registered at Police Station Roop Nagar, Delhi and all the proceedings emanating therefrom. Learned counsel for the petitioner has submitted that the petitioner
and the respondents No.2 & 3 are the neighbours and due to a misunderstanding arisen between them, the aforesaid FIR was got registered by the respondents No.2 & 3 against the petitioner. 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 between the parties and the same has been reduced into writing before the Mediation Centre, Tis Hazari Courts, Delhi on 08.05.2017. Counsel further submits that in terms of the said settlement, the petitioner would be withdrawing the complaint case filed by him against the respondents No.
2 & 3 from the concerned Court within a period of 15 days and nothing further remains to be adjudicated between the parties, however, the present FIR is coming as hurdle in the peaceful life of the petitioner and submits that the FIR and all subsequent proceedings arising therefrom may be quashed. The respondents No.2 & 3, Ms.Nisha Yadav and Shri Ram Dheeraj @ Dheeraj Yadav are present in Court today and have been identified by SI Yogesh Kumar, P.S. Roop Nagar, Delhi and also represented by counsel Mr.Narender Singh, Advocate. The respondents No.2 & 3admit the factum of amicable settlement with the petitioner before the Mediation Centre, Tis Hazari Courts, Delhi on 08.05.2017 and further admit that the said settlement is voluntarily and without any force, pressure or coercion.
They further submit that in terms of the said settlement the petitioner has agreed to withdraw the complaint case filed by him against them and nothing further remains to be adjudicated between them and they have no objection if the FIR in question is quashed.
Looking into 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, Tis Hazari Courts, Delhi on 08.05.2017 and nothing further remains to be adjudicated between the parties., to have peace and better relationship in the neighbourhood 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, FIR No.84/2010, under Sections 452/354/323 IPC, registered at Police Station Roop Nagar, Delhi and all the proceedings emanating therefrom are hereby quashed. Parties shall remain bound by the settlement dated 08.05.2017.
The present petition is allowed and disposed of accordingly. Copy of this order be given dasti to the parties, as prayed. I.S.MEHTA, J AUGUST 09, 2017 'dc'