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High Court of DelhiCRL.M.C./3165/2017

Lalan Shekh v. Govt Of NCT Of Delhi & ORS

2017-08-16Hon'Ble Mr. Justice I.S.Mehta3 pages

$~26 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3165/2017 LALAN SHEKH ..... Petitioner Through:

Mr.Gaurav Sharma, Advocate with the petitioner in person.

versus GOVT OF NCT OF DELHI & ORS ..... Respondents Through:

Mr.Izhar Ahmad, APP for State with SI Sandeep, P.S. South Rohini, Delhi.

Mr.Rahul Yadav, Advocate for R2 with R2/complainant in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 16.08.2017 CRL.M.A.13065/2017 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 3165/2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.707/2015, under Sections 354/354-A/451/509 IPC, registered at Police Station South Rohini, Delhi and all proceedings emanating therefrom. Learned counsel for the petitioner has submitted that the petitioner is a garbage collector and the alleged incident took place inside the house of the complainant due to misunderstanding arisen between the parties, which resulted into the registration of the aforesaid FIR against the petitioner. Counsel further submits that after the registration of the FIR, the near

relatives and the friends intervened and the misunderstanding has been sorted out and the dispute has been amicably settled/resolved between the parties and the same has been reduced into writing on 8th August, 2017 and further submits that 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 prays that the FIR and all subsequent proceedings arising of the same may be quashed.

The respondent No.2/complainant is present in Court today and has been identified by the Investigating Officer SI Sandeep of Police Station South Rohini, Delhi and also represented by her counsel. The respondent No.2 present in person admits the factum of amicable settlement with the petitioner and execution of settlement agreement on 8th August, 2017. She further admits that the said settlement reached with the petitioner is voluntary and without any force, pressure or coercion and further submits that she has no objection if the FIR is quashed. Looking into the above facts and circumstances, since the misunderstanding has been sorted out and the matter in dispute has been amicably settled between the parties and the same has been reduced into writing on 8th August, 2017 and nothing further remains to be adjudicated between the parties, to have peace in the life of both the parties and to meet the ends of justice, I deem it appropriate to quash the present FIR and all proceedings arising therefrom.

Consequently, FIR No.707/2015, under Sections 354/354-A/451/509 IPC, registered at Police Station South Rohini, Delhi and all proceedings emanating therefrom are hereby quashed. Parties shall remain bound by the terms of settlement dated 8th August, 2017.

The present petition is allowed and disposed of accordingly. Copy of the order be given dasti to the parties, as prayed. I.S.MEHTA, J AUGUST 16, 2017 'dc'