Ashok Kumar Tiwari @ Chandan Kumar Tiwari v. State (Govt Of NCT Of Delhi) & ANR

$~53 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3849/2017 ASHOK KUMAR TIWARI @ CHANDAN KUMAR TIWARI ..... Petitioner Through:

Mr.Sanjay Kumar, Adv.

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

Mr.Hirein Sharma, APP for State SI Manoj Kumar, PS-Parliament Street Mr.Alangor, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 18.09.2017 CRL.M.A.15551/2017 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 3849/2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.38/2009, under Section 379/406/420/467/468/471/34 IPC, registered at Police Station-Parliament Street, Delhi and all proceedings emanating therefrom.

Learned counsel for the petitioner submits that the petitioner and respondent No.2 is permanent resident of Bihar and are known to each other since a very long time.

Counsel of the petitioner submits that

misunderstanding had arisen between the parties, resulting into registration of FIR No.38/2009, under Section 379/406/420/467/468/471/34 IPC, registered at Police Station-Parliament Street, Delhi. He further submits that after the registration of the FIR, the near friends intervened and the matter has been amicably settled vide Compromise Deed dated 11.05.2017 and the settlement is acted upon between the parties and nothing remains to be adjudicated between the parties and all disputes have been settled between the parties, the FIR in question and all proceedings arising therefrom may be quashed. He submits that since all disputes have been settled between the parties, the FIR in question and all proceedings arising therefrom may be quashed.

The respondent No.2/complainant Mr.Subhash Yadav is present in Court today and has been identified by the Investigating Officer SI Manoj Kumar, PS-Parliament Street. The respondent No.2 admits the settlement arrived between the parties on 11.05.2017 and further submits that he has got no objection if the aforesaid FIR may be quashed. 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 and nothing remains to be adjudicated further between them, I deem it appropriate to quash the FIR and all its subsequent proceedings. Consequently, FIR No.38/2009, under Section 379/406/420/467/468/471/34 IPC, registered at Police StationParliament Street, Delhi and all proceedings arising therefrom are hereby

quashed. Parties to remain bound by the terms of Settlement Deed dated 11.05.2017.

The present petition is allowed and disposed of accordingly. Copy of this order be given dasti, as prayed. I.S.MEHTA, J SEPTEMBER 18, 2017 RV