Rameshwar @ Pappu Chandeliya & ORS. v. State & ANR.

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5685/2018 & CRL.M.A.35910/2018 RAMESHWAR @ PAPPU CHANDELIYA & ORS. ..... Petitioner Through Ms.Naiem Jahan Heena with Mohd.

Asif Khan, Advs.

versus STATE & ANR.

..... Respondent Through Ms.Manjeet Arya, APP.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 13.11.2018 1.

Vide the present petition under Section 482 Cr.P.C., the petitioners have prayed for quashing of FIR No.223/2014 u/s 323/341/452/354/427/506/34 IPC at Police Station Aman Vihar, Delhi and all proceedings emanating therefrom, on the basis of a settlement dated 06.06.2015 arrived at by the parties before the Mediation Centre, Rohini Courts.

2.

Ms.Naiem Jahan Heena, learned counsel for the petitioners submits that the petitioners as also respondent no.2/complainant and respondent nos.3 to 8 are neighbours and are known to each other for the last many years. She submits that on 30.10.2013 due to a quarrel between the parties on a petty dispute, a scuffle took place between them, leading to filing of FIRs being registered one at the behest of the petitioner no.2 as also the aforesaid FIR at the behest of the

respondent no.2. She submits that the FIR registered on the basis of the complaint by petitioner no.2 already stands compounded. 3.

Ms.Heena further submits that the parties have now resolved their disputes and have jointly executed a settlement dated 06.06.2015 before the Mediation Centre, Rohini Courts. She, therefore, prays that the FIR and proceedings emanating therefrom be quashed as the same were based on a petty quarrel between neighbours. 4.

The petitioners as also the respondent nos.2 to 8 are present in Court and have been identified by the I.O.

5.

The petitioners as also the respondent nos.2 to 8 jointly submit that keeping in view the fact that they are neighbours and generally have good relations with each other, they do not want the criminal proceedings to continue.

6.

I have considered the submissions of the learned counsel for the parties and perused the record. Keeping in view the fact that the parties are neighbours and the FIR emanates from a petty dispute, which already stands resolved as per the settlement arrived at between them, no fruitful purpose will be served in continuing with the criminal proceedings arising out of the captioned FIR. All the parties present in Court undertake to maintain harmony and peace in the locality. In my considered view, the ends of justice demand that the FIR and consequent proceedings be quashed.

7.

Accordingly, the petition is allowed and the captioned FIR and all consequential proceedings are quashed, subject to the petitioners depositing a sum of Rs.25,000/- to the Delhi Police Martyr's Fund, A/C No.18200110036907, UCO Bank, Delhi, IFSC Code

UCBA0001820 within four weeks from today. A copy of the receipt of deposit of costs will be handed over to the Investigating Officer for production before the learned Trial Court.

8.

The petition is disposed of alongwith pending application in the above terms.

REKHA PALLI, J NOVEMBER 13, 2018 sr