Anil Kumar & ORS v. State & ANR

$~21 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4084/2017 ANIL KUMAR & ORS ..... Petitioners Through:

Mr.Deepak Sharma, Adv. with Ms.Pooja, Adv.

versus STATE & ANR ..... Respondents Through:

Mr.Izhar Ahmad, APP for State ASI Suresh Kumar, PS-New Usmanpur Mr.Kali Charan, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 09.10.2017 CRL.M.A.16408/2017 Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 4084/2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.263/2014, under Sections 323/452/506/34 IPC, registered at Police Station-New Usmanpur, Delhi and all proceedings emanating therefrom. Counsel for the petitioners submits that the petitioners and the respondent Nos.2, 3 & 4 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.263/2014, under Sections 323/452/506/34 IPC, registered at Police

Station-New Usmanpur, Delhi and the petitioners too got registered a crossFIR bearing FIR No.264/2014 at Police Station-New Usmanpur, 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 settlement deed dated 23.09.2017 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, Mr.Sanjay Kumar, respondent No.3/injured Ms.Madhu Bala and respondent No.4/injured Ms.Pooja @ Omlata are present in Court today and have been identified by the Investigating Officer ASI Suresh Kumar. The respondent Nos.2, 3 & 4 admit that they have settled the matter amicably with the petitioners vide settlement deed dated 23.09.2017.

They further submit that the settlement/compromise has taken place voluntarily, without any force, pressure or coercion. They submit that nothing remains to be adjudicated further between them and they have 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.263/2014, under Sections 323/452/506/34 IPC, registered at Police Station-New Usmanpur, 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 OCTOBER 09, 2017/sr