Abhinash Kashyap & ORS v. The State NCT Of Delhi & ANR

$~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3406/2017 ABHINASH KASHYAP & ORS ..... Petitioners Through:

Mr.M.T.Mallik, Adv. with Mr.A.F.Faizi, Adv.

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

Mr.Kamal Kumar Ghei, APP for State SI Vinod Kumar, PS-Sarita Vihar Mr.Abrar Ahmad, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 28.08.2017 CRL.M.A.13921/2017 Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 3406/2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.166/2014, under Sections 323/341/354-A/451/506/509/34 IPC, registered at Police Station-Sarita Vihar, Delhi and all proceedings emanating therefrom.

Counsel for the petitioners submits that 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.166/2014, under Sections 323/341/354-A/451/506/509/34 IPC at Police Station-Sarita Vihar, Delhi. Counsel further submits that after the registration of the FIR, the near relatives and the friends intervened and the matter has been finally settled

between the parties in the Mediation Centre, Saket Courts, New Delhi vide compromise deed dated 15.05.2017 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, Ms.Urmila Sahani is present in Court today and has been identified by the Investigating Officer SI Vinod Kumar, PS-Sarita Vihar. The respondent No.2 admits that she has settled the matter amicably with the petitioners and the said settlement/compromise has taken place voluntarily, without any force, pressure or coercion. She submits that nothing remains to be adjudicated further between them and she has 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.166/2014, under Sections 323/341/354-A/451/506/509/34 IPC, registered at Police Station-Sarita Vihar, Delhi and all proceedings arising therefrom are hereby quashed. The present petition is allowed and disposed of accordingly. Copy of this order be given dasti, as prayed. I.S.MEHTA, J AUGUST 28, 2017/sr