Amod @ Tuntun v. State NCT Of Delhi & ANR

$~36 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3343/2017 AMOD @ TUNTUN ..... Petitioner Through:

Mr.N.K.Sharma, Adv. with Mr.Harish Kumar, Adv.

versus STATE NCT OF DELHI & ANR ..... Respondents Through:

Mr.Raghuvinder Varma, APP for State with SI Vinay Kumar, PS-Neb Sarai

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 24.08.2017 CRL.M.A.13656/2017 Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.A.13657/2017 & CRL.M.C. 3343/2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.431/2016, under Section 308 IPC, registered at Police Station-Neb Sarai, Delhi and all proceedings emanating therefrom. Counsel for the petitioner submits that presently the petitioner and the respondent No.2 are residents of same locality and due to some misunderstanding arisen between the parties; a quarrel had taken place resulting into registration of FIR No.431/2013, under Section 308 IPC at Police Station-Neb Sarai, 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 24.05.2016 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. The respondent No.2, Mr. Sanjeev Kumar, is present in Court today and has been identified by the Investigating Officer SI Vinay Kumar, Police Station-Neb Sarai, Delhi. The respondent No.2 admit that he has settled the matter amicably with the petitioner vide compromise deed dated 24.05.2016. He further submits that the settlement/compromise has taken place voluntarily, without any force, pressure or coercion. He submits 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 residents of same locality and nothing remains to be adjudicated further between them, to promote peace in the neighbourhood and for maintaining good relationship between the parties, I deem it appropriate to quash the FIR and all its subsequent proceedings. Consequently, FIR No.431/2016, under Section 308 IPC, registered at Police Station-Neb Sarai, Delhi and all proceedings arising therefrom are hereby quashed. The present petition is allowed and disposed of accordingly. All pending application(s) (if any) also stand disposed of. Copy of this order be given dasti, as prayed. I.S.MEHTA, J AUGUST 24, 2017/RV