Suraj & ORS v. State & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4169/2017 SURAJ & ORS ..... Petitioners Through:

Mr.Surinder Kumar and Ms.Jyotsna Gupta, Advocates with the petitioners in person.

versus STATE & ORS ..... Respondents Through:

Mr.Panna Lal Sharma, APP for State with SI Rampal Singh, P.S. Ghazipur, Delhi.

Mr.Dinesh Kumar, Advocate for R2 & R3 with R2 & R3 in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 13.10.2017 Crl.M.A. No.M.A.No.16740/2017 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 4169/2017 This is a petition under Section 482 Cr.P.C. filed on behalf of the petitioners for quashing of FIR No.738/2015, under Sections 323/308/354/34 IPC registered at Police Station Ghazipur, Delhi and all proceedings arising therefrom.

Learned counsel for the petitioners has submitted that the petitioners and the respondent No.2 are the neighbours and related to each other and due to the misunderstanding had arisen between them, an FIR bearing No.738/2015, under Sections 323/308/354/34 IPC was registered against the petitioners at Police Station Ghazipur, Delhi. Counsel further submits that the petitioners too got registered a counter FIR bearing No.739/2015, under Sections 323/354/34 IPC at Police Station Ghazipur, Delhi pertaining to the same incident.

Counsel further submits that after the registration of the aforesaid two FIRs, the near relatives and friends intervened and the matter has been amicably settled between the parties and the same has been reduced into writing on 31st August, 2017 and the same has been acted upon between the parties voluntarily, without any force, pressure or coercion and nothing further remains to be adjudicated between them, however, the present FIR is coming as hurdle in the personal life of the petitioners and prays that the FIR and all subsequent proceedings arising therefrom may be quashed.

Respondents No.2 & 3 Smt.Shashi and Manoj are present in person and have been identified by the IO SI Rampal Singh, P.S.Ghazipur, Delhi and also represented by their counsel. Respondents No.2 & 3 present in person admit that the petitioners are their neighbours and related with them and that they have amicably settled the matter with the petitioners and the same has been reduced into writing on 31st August, 2017 and nothing further remains to be adjudicated between them and they have no objection if the instant FIR is quashed.

Looking into the above facts and circumstances, since the matter has been amicably settled between the parties and the same has been reduced

into writing on 31st August, 2017 and nothing further remains to be adjudicated between the parties, to have peace in the life of both the parties and to have peace in the neighbourhood and to meet the ends of justice, I deem it appropriate to quash the FIR in question and all subsequent proceedings arising therefrom.

Consequently, FIR No.738/2015, under Sections 323/308/354/34 IPC registered at Police Station Ghazipur, Delhi and all proceedings arising therefrom are hereby quashed. Parties shall be bound by the settlement dated 31st August, 2017.

The present petition is allowed and stands disposed of accordingly. Copy of this order be given dasti to the parties, as prayed. I.S.MEHTA, J OCTOBER 13, 2017 'dc'