Anil Kumar Kaushik & ORS v. State (NCT Of Delhi) & ANR

$~45 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3745/2017 ANIL KUMAR KAUSHIK & ORS ..... Petitioners Through:

Mr.Vinay Mohan Sharma, Adv.

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

Mr.Hirein Sharma, APP for State

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 13.09.2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.293/2015, under Sections 323/354/34 of Police Station-Welcome Colony, Delhi and all proceedings emanating therefrom. Counsel for the petitioners submit that the petitioners and the respondent No.2 are relatives and due to some misunderstanding arisen between the parties, a quarrel had taken place. He further submits that due to the misunderstanding, the respondent No.2 got registered FIR No.293/2015, under Sections 323/354/34 of Police Station-Welcome Colony, Delhi and the petitioners too got registered a cross-FIR bearing FIR No.300/2015, under Sections 323/324/354-B/34 IPC registered at Police Station-Welcome Colony, Delhi. Counsel further submits that after the registration of the two FIRs, the near relatives and the friends intervened and the matter has been amicably settled between the parties vide Memorandum of Understanding dated 08.03.2017 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/complainant, Ms.Jyoti @ Bobby is present in Court today and has been identified by the Investigating Officer SI Om Prakash, PS-Welcome Colony, Delhi. The respondent No.2 admits that the matter has been amicably settled with the petitioners vide Memorandum of Understanding dated 08.03.2017.

She further submits that the 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 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.293/2015, under Sections 323/354/34 of Police Station-Welcome Colony, 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 13, 2017/RV