Khizar Ali & ORS v. State Of NCT Of Delhi & ORS

$~45 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3353/2017 KHIZAR ALI & ORS ..... Petitioners Through:

Counsel (appearance not given) versus STATE OF NCT OF DELHI & ORS ..... Respondents Through:

Mr.Kamal Kumar Ghei, APP for State SI Sonu Kumar Singh, PS-Malviya Nagar R-2 in person with Mr.S.K.Shukla, Adv.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 24.08.2017 CRL.M.A.13695/2017 Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 3353/2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.208/2017, under Sections 356/379/34 IPC, registered at Police StationMalviya Nagar, Delhi and all proceedings emanating therefrom. Counsel for the petitioners submits that presently the petitioners 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.208/2017, under Sections 356/379/34 IPC at Police Station-Malviya 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

Memorandum of Settlement dated 17.08.2017 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.

The respondent No.2, Mr. Amber is present in Court today and has been identified by the Investigating Officer SI Sonu Kumar Singh, Police Station- Malviya Nagar, Delhi. The respondent No.2 admit that he has settled the matter amicably with the petitioners vide compromise deed dated 17.08.2017. 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.208/2017, under Sections 356/379/34 IPC, registered at Police Station-Malviya Nagar, Delhi and all proceedings arising therefrom are hereby quashed. Parties to remain bound by the terms of settlement dated 17.08.2017. The present petition is allowed and disposed of accordingly. Copy of this order be given dasti, as prayed. I.S.MEHTA, J AUGUST 24, 2017/RV