Mahabir & ORS v. State (Govt Of NCT Of Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 101/2017 MAHABIR & ORS ..... Petitioners Through:

Mr.Ashok Kr.Nenwani, Adv.

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

Mr.Raghuvinder Varma, APP for the State SI Gopal Singh, P.S. Mehrauli Mr.Sanjeev Garg, Adv. for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 01.02.2017 This is a petition under Section 482 Cr.P.C. moved by the petitioners for quashing of FIR No.42/2011, under Sections 147/149/323/341/452/34 IPC, registered at Police Station Mehrauli.

It is submitted by learned counsel for the petitioners that the respondent No.2 is working as a "Sewadaar" with Shri Nigamanand Aasan Mandir but due to some misunderstanding a quarrel had taken place between the petitioners and respondent No.2, which had resulted into registration of aforesaid FIR. He also submits that after the registration of the FIR, the near relatives and close friends intervened and the matter has been amicably settled and the settlement has been reduced into writing vide Memorandum of Understanding dated 01.12.2016. He also submits that in terms of the said settlement, an amount of Rs.90,000/- has been paid to the respondent No.2

towards compensation. He further submits that the present FIR is coming as a hurdle in the future life of the petitioners and prays that the present FIR may be quashed.

The respondent No.2/complainant is present in person and has been identified by the Investigating Officer Sub Inspector Gopal Singh. He also submits that he has amicably resolved all disputes with the petitioners voluntarily without there being any threat, coercion or pressure of any sort. He admits that he has received an amount of Rs.90,000/- from the petitioners towards compensation. He further submits that he has no objection, if the present FIR is quashed.

Keeping in view the facts and circumstances, since the matter has been amicably settled between the parties and nothing is to be adjudicated further, I deem it appropriate to quash the FIR in question. Consequently, to meet the ends of justice, the FIR No.

42/2011, under Sections 147/149/323/341/452/34 IPC, registered at Police Station Mehrauli and all subsequent proceedings arising therefrom are hereby quashed. The petition stands disposed of accordingly.

Copy of this order be given dasti, as prayed. I.S.MEHTA, J FEBRUARY 01, 2017/km