Balraj & ORS v. State (NCT Of Delhi) & ANR

$~61 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3691/2017 BALRAJ & ORS ..... Petitioners Through:

Mr.Sunil Kumar, Adv.

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

Mr.Raghuvinder Varma, APP for State

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 11.09.2017 CRL.M.A.15014/2017 Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 3691/2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.398/2011, under Sections 308/323/341/34 IPC, registered at Police Station-Gokulpuri, Delhi and all proceedings emanating therefrom. Counsel for the petitioners submits that the petitioners and the respondent No.2 are relatives and due to some misunderstanding arisen between the parties, a quarrel had taken place resulting into registration of aforesaid FIR. 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 Understanding dated 23.05.2017 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, Mr.Sunil Kumar is present in Court today and has been identified by the Investigating Officer ASI Puran Singh. The respondent No.2 admits that he has settled the matter amicably with the petitioners vide Memorandum of Understanding dated 23.05.2017. 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 he 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 relatives and nothing remains to be adjudicated further between them, to have peace in the personal life of the parties and for maintaining good relationship between the parties, I deem it appropriate to quash the FIR and all its subsequent proceedings. Consequently, FIR No.398/2011, under Sections 308/323/341/34 IPC, registered at Police Station-Gokulpuri, 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 SEPTEMBER 11, 2017/sr