Raj Chaudhary v. State & ANR

$~43 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3205/2017 RAJ CHAUDHARY & ANR ..... Petitioners Through:

Mr.Rakesh Wadhwa, Adv.

versus STATE & ORS ..... Respondents Through:

Mr.Raghuvinder Varma, APP for State with SI Jai Chand, Police Station-Mukherjee Nagar Mr.Arun Gupta, Adv. for R-2, R-3 & R-4.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 18.08.2017 CRL.M.A.13216/2017 Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 3205/2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.324/2004, under Sections 325/323/34 IPC, registered at Police StationMukherjee Nagar, Delhi and all proceedings emanating therefrom. Counsel for the petitioners submits that the petitioners and the respondent Nos.2 to 4 are friends and due to some misunderstanding arisen between the parties, a quarrel had taken place resulting into registration of FIR No.324/2004, under Sections 325/323/34 IPC, registered at Police Station-Mukherjee Nagar, Delhi. Counsel further submits that after the registration of the FIR, the near relatives and the friends intervened and the matter has been amicably settled between the parties vide compromise deed

dated 09.08.2017 and nothing remains to be adjudicated further between them and to have better relationship in near future, the present FIR, which is coming as a hurdle in their way, may be quashed. Respondent No.2, Mr.Nishant Kumar, respondent No.3 Mr.Prashant Kumar and respondent No.4 Mr.Dhananjay Kumar are present in Court today and have been identified by the Investigating Officer SI Jai Chand, Police Station-Mukherjee Nagar, Delhi. The respondent Nos.2 to 4 admit that they have settled the matter amicably with the petitioners vide compromise deed dated 09.08.2017.

They further submit that the settlement/compromise has taken place voluntarily, without any force, pressure or coercion. They submit that nothing remains to be adjudicated further between them and they have no objection if the FIR in question is quashed.

Keeping in view the above facts and circumstances, since the matter has been amicably settled between the parties who are stated to be friends and nothing remains to be adjudicated further between them, to have peace in the personal life of the parties and for maintaining good relationship between the parties, I deem it appropriate to quash the FIR and all its subsequent proceedings. Consequently, FIR No.324/2004, under Sections 325/323/34 IPC, registered at Police Station-Mukherjee Nagar, Delhi and all proceedings arising therefrom are hereby quashed. The present petition is allowed and disposed of accordingly. Copy of this order be given dasti, as prayed. I.S.MEHTA, J AUGUST 18, 2017/sr