Kosal & ORS v. State Of NCT Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3710/2017 KOSAL & ORS ..... Petitioners Through:

Mr.Sanjeev Kumar Sarwal, Adv.

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

Mr.Kamal Kumar Ghei, APP for State ASI Devender Singh, PS-Gokalpuri R-2 present in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 12.09.2017 CRL.M.A.15095/2017 Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 3710/2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.1097/2014, under Sections 323/354/452/506/34 IPC, registered at Police Station-Gokalpuri, Delhi and all proceedings emanating therefrom. Counsel for the petitioners has submitted that the petitioners and the respondent No.2 are neighbours and due to some misunderstanding a quarrel had taken place between them, resulting into the registration of FIR No.1097/2014, under Sections 323/354/452/506/34 IPC, registered at Police Station-Gokalpuri, Delhi. He has further submitted that after registration of the FIR qua against the petitioners, the relatives and the friends intervened and the matter has been settled between the parties vide compromise deed dated 04.08.2017. Learned counsel for the petitioners further submits that all

disputes have been amicably settled between the parties and nothing remains to be adjudicated upon further and submits that the FIR in question is coming as hurdle in the way of the present petitioners. He further submits that the petitioners and the respondent No.2 want to lead peaceful life in near future and since all disputes have been settled between them, the FIR in question and all proceedings arising therefrom may be quashed. The respondent No.2/complainant Mr.Swami Nath Yadav is present in Court today and has been identified by the Investigating Officer ASI Devender Singh, PS-Gokalpuri. The respondent No.2/complainant also admits that the matter has been amicably settled with the petitioners and he has no claim or grievance left against the petitioners. He further submits that the settlement/compromise has taken place voluntarily, without any force, pressure or coercion. He further submits that he has no objection if the FIR in question is quashed.

Looking into the above facts and circumstances, since the matter has been amicably settled between the parties and nothing remains to be adjudicated further, to have peace in the life of the parties, I deem it appropriate to quash the FIR No.1097/2014, under Sections 323/354/452/506/34 IPC, registered at Police Station-Gokalpuri, Delhi and all proceedings emanating therefrom. Parties to remain bound by the terms of settlement dated 04.08.2012.

The present petition is allowed and disposed of accordingly. Copy of the order be given dasti.

I.S.MEHTA, J SEPTEMBER 12, 2017 RV