Mohd Jamshed & ORS v. State (Govt Of NCT Of Delhi) & ORS
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 3175/2017 MOHD JAMSHED & ORS ..... Petitioners Through:
Ms.Faheem Azam, Advocate with the petitioners in person.
versus STATE (GOVT OF NCT OF DELHI) & ORS ..... Respondents Through:
Mr.Hirein Sharma, APP for State with SI Chander Shekhar and ASI Parmender Singh, P.S. H.N. Din, New Delhi.
Ms.Ananya Roy and Mr.Rishi Bhardwaj, Advocates for R2 & R3 with R2 & R3 in person.
CORAM:
HON'BLE MR. JUSTICE I.S.MEHTA
O R D E R
% 05.09.2017 This is a petition under Section 482 Cr.P.C filed on behalf of the petitioners for quashing of FIR No.71/2014, under Sections 452/323/354/354-B/34 IPC, registered at Police Station Hazrat Nizamuddin, New Delhi and all subsequent proceedings arising therefrom. Learned counsel for the petitioners has submitted that the dispute is arising from some of the family members and due to the misunderstanding arisen between the parties, the aforesaid FIR was got registered by the respondents No.2 & 3 against the petitioners. Counsel further submits that after the registration of the aforesaid FIR, the near relatives and friends
intervened and the matter has been amicably settled between the parties and the same has been reduced into writing before the Mediation Centre, Saket Courts, New Delhi on 08.03.2016 and the same has been acted upon between the parties and the settled amount has already been paid by the petitioners to the respondent No.2 and the last instalment amounting to Rs.20,000/- has also been paid to her vide demand draft bearing No.400561 drawn on Bank of Maharashtra and nothing further remains to be paid to her, however, the present FIR is coming as hurdle in the personal life of the petitioners and prays that the aforesaid FIR and its subsequent proceedings arising therefrom may be quashed.
The respondents No.2 & 3/complainant are present in person and have been identified by SI Chander Shekhar, P.S. Hazrat Nizamuddin, New Delhi and also represented by their counsel. The respondents No.2 & 3, present in person, admit the amicable settlement reached between the parties before the Mediation Centre, Saket Courts, New Delhi and execution of settlement deed dated 08.03.2016. They further admit that the said settlement is voluntary and without any force, pressure or coercion and further submit that they have received the settled amount and the last instalment amounting to Rs.20,000/- has also been received by them vide demand draft bearing No.400561 drawn on Bank of Maharashtra and nothing further remains to be adjudicated between them and they have no objection if the present FIR is quashed.
Looking into the above facts and circumstances, since the misunderstanding has been sorted and the dispute has been amicably settled between the parties and a settlement deed dated 08.03.2016 has also been executed and nothing further remains to be adjudicated between them, to
have peace in the life of the parties and to meet the ends of justice, I deem it appropriate to quash the FIR and all subsequent proceedings arising therefrom.
Consequently, FIR No.71/2014, under Sections 452/323/354/354B/34 IPC, registered at Police Station Hazrat Nizamuddin, New Delhi and all subsequent proceedings arising therefrom are hereby quashed. Parties shall be bound by the settlement dated 08.03.2016. The present petition is allowed and stands disposed of accordingly. Copy of this order be given dasti to the parties, as prayed. I.S.MEHTA, J SEPTEMBER 05, 2017 'dc'