Sh. Ankur v. State & ANR.

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5623/2018 SH. ANKUR ..... Petitioner Through Mr.M.K.Srivastava, Adv.

versus STATE & ANR.

..... Respondent Through Mr.Raghuvinder Verma, APP with ASI Karamvir Singh, PS North Rohini.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 19.11.2018 1.

Vide the present petition under Section 482 Cr.P.C., the petitioner seeks quashing of FIR No.136/2012 u/s 354/509 IPC registered at P.S. North Rohini, Delhi and all proceedings emanating therefrom, on the basis of a settlement deed dated 15.09.2018 arrived at between the parties.

2.

Mr.M.K.Srivastava, learned counsel for the petitioner submits that the petitioner as also the respondent no.2 are neighbours and are known to each other for the last many years. He submits that on 04.05.2012, due to a quarrel between the parties on a petty dispute, a scuffle took place between them, leading to the registration of the captioned FIR and a cross FIR bearing No.137/2012 by Ms.Renu Mehndi Rata.

3.

Mr.M.K.Srivastava further submits that the parties have now

with the intervention of the senior members of the locality, resolved their disputes amicably and have jointly executed a settlement deed dated 15.09.2018. He submits that not only do the parties undertake to maintain peace and harmony in the locality where they reside, but the petitioner is willing to bear the costs as may be directed by this Court. He, therefore, prays that the captioned FIR and proceedings emanating therefrom be quashed.

4.

The petitioner as also the respondent no.2 are present in Court and have been identified by the Investigating Officer. I have interacted with the respondent no.2 who submits that she has resolved her differences with the petitioner of her own free will and has entered into the settlement without any coercion. She further submits that she and the petitioner are neighbours who generally have good relations with each other and the captioned FIR is the result of a sudden altercation between them. She prays that the captioned FIR and consequential proceedings be quashed as she does not want any further acrimony with the petitioner.

5.

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 between neighbours, which already stands resolved, I find that no fruitful purpose will be served in continuing with the criminal proceedings. In my considered view, the ends of justice demand that the FIR and consequential proceedings be quashed. 6.

Accordingly, the petition is allowed and the captioned FIR and all consequential proceedings are quashed, subject to the petitioner

depositing a sum of Rs.10,000/- with the Delhi High Court Advocates Welfare Trust within two 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.

7.

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

REKHA PALLI, J NOVEMBER 19, 2018 sr