Pawan Kumar v. State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3348/2017 PAWAN KUMAR ..... Petitioner Through:

Mr.Harsh Kumar, Advocate with the petitioner in person.

versus STATE & ANR ..... Respondents Through:

Mr.Kamal Kr. Ghei, APP for State with SI Satish Kumar, P.S. Aman Vihar, Delhi.

Mr.Dilip Kumar Singh, Advocate for R2 with R2/complainant in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 24.08.2017 Crl.M.A.No.13678/2017 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 3348/2017 and Crl.M.A.No.13677/2017 (stay) This is a petition under Section 482 Cr.P.C. for quashing of FIR No.255.2012, under Sections 420/468/471/34 IPC, registered at Police Station Aman Vihar, Delhi and all proceedings emanating therefrom. Learned counsel for the petitioner has submitted that the petitioner and the respondent No.2 were known to each other through their common friend, namely, Rajesh Singh. Counsel further submits that subsequently a

misunderstanding has arisen between them 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 business 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 before the Mediation Centre, Rohini Courts, Delhi vide settlement deed dated 17th November, 2016 and the said settlement has been acted upon between the parties voluntarily, without any force, pressure or coercion 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 is present in Court today and has been identified by the Investigating Officer SI Satish Kumar, P.S. Aman Vihar, Delhi and also represented by his counsel. The respondent No.2 present in person admits the factum of amicable settlement with the petitioner before the Mediation Centre, Rohini Courts, Delhi and execution of settlement agreement on 17th November, 2016.

He further admits that the said settlement with the petitioner is voluntary and without any force, pressure or coercion and further submits that he 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 17th November, 2016 and the same has been acted upon between the parties voluntarily, without any force, pressure or coercion 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.255.2012, under Sections 420/468/471/34 IPC, registered at Police Station Aman Vihar, Delhi and all proceedings emanating therefrom are hereby quashed. Parties shall remain bound by the terms of settlement deed dated 17th November, 2016. 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 24, 2017 'dc'