Shahiran v. The State ( NCT Of Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4079/2015 SHAHIRAN ..... Petitioner Through:

Mr.Iqbal Ashraf Rahmani, Advocate.

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

Mr.G.M.Farooqui, APP for State with SI Vikram Singh, P.S. Lahori Gate, Delhi.

Mr.Anees Ahmad, Advocate for R2 with R2/complainant in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 16.02.2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.37/2015, under Section 380 IPC, P.S. Lahori Gate, Delhi and all the proceedings emanating therefrom.

Counsel for the petitioner has submitted that the petitioner and the respondent No.2/complainant were/are friends and due to the misunderstanding, a dispute had arisen resulting into registration of FIR No.37/2015, under Section 380 IPC, at Police Station Lahori Gate, Delhi. Counsel further submits that after the registration of FIR, the near relatives and close friends intervened and the matter has been amicably settled between the parties and the terms of the said settlement have been reduced into writing before the Mediation Centre, Tis Hazari Courts, Delhi on 31st August, 2015. Counsel further submits that the dispute between the parties has been amicably settled and nothing further remains to be adjudicated, however, the present FIR is coming as a hurdle in the personal life of the

petitioner and submits that the aforesaid FIR may be quashed. The respondent No.2/complainant is present in Court today and has been identified by the Investigating Officer, SI Vikram Singh, P.S. Lahori Gate, Delhi and also represented through counsel Mr.Anees Ahmad, Advocate.

The respondent No.2/complainant admits that the matter has been amicably settled with the petitioner and the same has been reduced into writing before the Mediation Centre, Tis Hazari Courts, Delhi on 31.08.2015. He further submits that the settlement is voluntary and without any force, pressure or coercion. He further submits that nothing remains to be adjudicated further between them and further submits that he has no objection, if the FIR in question is quashed. Keeping in view the facts and circumstances of the case and the fact that the matter has been amicably settled between the parties and also that the petitioner and respondent No.2 are residing in the same locality and remains as friends and to upkeep the peace and better relationship between the parties in near future, I deem it appropriate to quash the FIR and all the proceedings arising therefrom.

Consequently, FIR No.37/2015, under Section 380 IPC, P.S. Lahori Gate, Delhi and all subsequent proceedings emanating therefrom are hereby quashed. Parties shall remain bound by the terms of settlement dated 31.08.2015.

The present petition is disposed of accordingly. Copy of this order be given dasti.

I.S.MEHTA, J FEBRUARY 16, 2017/'dc'